Katkova v. Canada ( Minister of Citizenship and Immigration )
IMM-3886-96
McKeown J.
2/5/97
11 pp.
Application for judicial review of CRDD's decision refusing applicant, Ukrainian Jew, Convention refugee status on basis of well-founded fear of persecution in Ukraine-Issue whether Israel should be considered applicant's country of nationality through Law of Return and whether Board ignored clearly expressed desire of applicant not to go to Israel-Law of Return applying "to every Jew who has expressed his desire to settle in Israel"-Applicant clearly not wishing to go to Israel-Application allowed-CRDD erred in disregarding applicant's clear statement not wishing to return to Israel-Fact applicant not desiring to live in Israel means not eligible for citizenship of country pursuant to Law of Return-Grygorian v. Canada (Minister of Citizenship and Immigration) (1995), 111 F.T.R. 316 (F.C.T.D.) distinguished-Board erred in finding applicant had connection with Israel-Important not to confuse potential nationality with actual nationality-Definition of "homeland" and "nationality" examined-There must be genuine connection and physical link with home state-Under Law of Return, no absolute right to citizenship, Israeli Minister of Interior having wide discretion to reject applications for citizenship-Question of general importance certified: By virtue of Israel's Law of Return, should Israel be considered as country of reference for all Jewish refugee claimants who apply in Canada for Convention refugee status?