Papsouev v. Canada ( Minister of Citizenship and Immigration )
IMM-4619-97
Rouleau J.
19/5/99
8 pp.
Application for judicial review of CRDD decision applicant and family not Convention refugees-Application allowed-Applicants citizens of Russia-Papsouev Christian, wife and children Jewish-Alleging persecuted because latter Jewish, former wealthy and married to Jew-Physical violence, death threats, ransom demands-Husband and wife came to Canada in 1992, met with immigration lawyer who, after discussing possibility of making refugee claim, advised them to seek entry as members of business class-Lawyer's firm filed application for permanent residence on their behalf-All family in Canada since December 1992-Mr. Papsouev interviewed in February 1993 and received employment authorization same day, entitling him to commence business activities in Canada-Permanent residence application delayed and Papsouevs lost status to remain in Canada-Application for judicial review unsuccessful-Claims for refugee status made in April 1995-Board concluded they did not have well-founded fear of persecution in Russia: applicants in Canada for three years before filing refugee claim and, after more serious incidents in Russia, couple still travelled to countries well known for entertaining refugee claims yet failed to make claim, having returned to homeland-After hearing from immigration lawyer who corroborated applicants' explanation as to delay in making refugee claim, Board rejected his testimony, suggesting lawyer's son had business relationship with applicants, and saying inconceivable experienced lawyer would advise against making refugee claim in favour of attempting to gain permanent residence through independent investor program-Board also commented on audacity of applicants to further delay filing of refugee claim by appealing matter of permanent residence application to Federal Court-Board suggested refugee claim appeared to be last ditch effort-Gross violation of natural justice as applicants not given opportunity to present corroborating evidence of persecution-Board unreasonably disregarded applicants' explanations for delay in making refugee claim-Board's decision should be set aside for rejecting immigration lawyer's evidence-Finding reputable lawyer and officer of court would perjure himself requiring substantial grounds-Board had none-Perfectly conceivable lawyer would advise claimant fitting both criteria to file application for permanent residence as opposed to refugee claim-Lawyer's son in fact had no business relationship with applicants other than acting as lawyer for incorporating company-To suggest applicant should not exhaust all remedies by appealing decision not worthy of comment-While Board may take into account delay in making refugee claim to impugn claimant's credibility, must not be primary reason, as here, for denying claim.