Baranchook v. Canada ( Minister of Citizenship and Immigration )
IMM-876-95
Tremblay-Lamer J.
20/12/95
5 pp.
Judicial review of decision not member of post-determination refugee claimants in Canada (PDRCC) class-Class limited to persons who will be subjected to personal, objectively identifiable risk to life, extreme sanctions, or inhumane treatment if required to leave Canada-Applicant, Russian agnostic, emigrated to Israel-Refusing to perform mandatory military service-Fearing return to Israel because considered deserter by Israeli authorities-Could be imprisoned and would also suffer discrimination in obtaining accommodation, employment, schooling-Post Claim Determination Unit (PCDU) officer examining documentary evidence concluding men seeking exemption from military service in Israel can apply on grounds of "unsuitability" or for "special reasons"-Concluding penalty for refusing to serve neither excessive nor draconian; no compelling risk of extreme sanctions or inhumane treatment-Application dismissed-PDRCC process not "broader" screening method than that for Convention refugee determination-PDRCC "net" only catching those refugees falling through Convention refugee "net"-PDRCC process requiring individual qualify for Convention refugee determination and fail, e.g. because unable to establish link between fear of persecution and grounds enumerated in definition of Convention refugee, to qualify for PDRCC consideration-PDRCC process much narrower mechanism-PCDU officer not considering irrelevant considerations-Tribunal basing decision on evidence before it; not relying solely on transcripts of CRDD-Cannot conclude fettered discretion-PCDU's decision neither capricious nor unreasonable-Immigration Regulations, 1978, SOR/78-172, s. 2 (as enacted by SOR/93-44, Sch., s. 1) "member of the post-determination refugee claimants in Canada class".