Kochergo v. Canada ( Minister of Employment and Immigration )
IMM-2475-93
Noël J.
18/3/94
5 pp.
Application for judicial review of Immigration and Refugee Board's decision applicants not Convention refugees-Refugee claim by mother, son based on political opinion, membership in particular social group -- Applicant mother born in Argentina, moved in U.S.S.R. where submitted Argentinean birth certificate to obtain passport, married Cuban, moved to Cuba for seven years, returned to U.S.S.R. where son born, returned to Cuba -- Board holding citizen of Argentina, assessing claim only against Argentina -- Mother entitled to Argentinean citizenship upon request and proof of birth -- Initial inquiries to obtain confirmation of Argentinean citizenship made in Cuba by mother, not sufficient action to determine whether applicant can receive confirmation of Argentinean citizenship -- Cannot now "choose" to be stateless-Board not erring in determining mother's claim to be analyzed by reference to Argentina -- Having so found, no need to consider claim by reference to former U.S.S.R. -- Son's claim assessed against Cuba as Cuban citizen -- Son victim of harassment, discrimination because of political dissension, but not persecuted -- Wilful breach of Cuban exit laws breach of law of general application, not by itself giving rise to fear of persecution -- Application dismissed.