CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Brovina v. Canada (Minister of Citizenship and Immigration)
IMM-2427-03
2004 FC 635, Layden-Stevenson J.
29/4/04
9 pp.
Judicial review of Immigration and Refugee Board's decision finding applicant not personally in danger in Albania, should have no difficulty upon return since son, wife staying in Canada--Applicant said Board made errors--Although arguments interesting from academic perspective, facts of case not supporting them--First alleged error Board failed to consider "compelling reasons" exception under Immigration and Refugee Protection Act, s. 108--Board did not find applicant suffered past persecution--For Board to embark on compelling reasons analysis, it must first find valid refugee (or protected person) claim, reasons for claim ceased to exist due to changed country conditions--Second argument Board failed to make finding on past persecution--Argument relates to first--While Board did not expressly state she did not experience past persecution, finding implicit in reasons-- Applicant also arguing Board erred in relation to burden of proof as finding, on balance of probabilities, no serious possibility applicant would be targeted for persecution-- Argument academic--Regardless of standard of proof, it could have made no difference to findings herein--Last, applicant submitting incumbent on Board to conduct separate analysis under Act, s. 97--Arguing unless Board decision turns on credibility (not case here), it must conduct separate s. 97 analysis--Authorities not demanding s. 97 analysis be performed in every case--Question must be reviewed on case- by-case basis--Thus, while separate s. 97 analysis desirable, failure to conduct such analysis not fatal in circumstances where no evidence requiring it--Board did conduct brief analysis relating to s. 97 risk when finding "no reason to believe" applicant would face any risk in returning to Albania--No objective evidence before Board that might have led to any other conclusion--Application dismissed-- Immigration and Refugee Protection Act, S.C. 2001, c. 27, ss. 97, 108.