MA9-10975

MA9-10975

Because the claimant was born in Russia to Russian parents, speaks Russian, lived in Russia as an infant, and documentary evidence showed routes (birthright, simplified registration and state repatriation/temporary residence programs) by which he could obtain Russian citizenship or temporary legal status, the panel found he could obtain Russian citizenship by simple formalities; therefore he is not stateless and is not a Convention refugee or person in need of protection, so his claim is rejected.

Citation
MA9-10975
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 July 2013
Procedural Posture
Refugee Protection Claim (statelessness Under Immigration and Refugee Protection Act Ss.96 and 97) / Hearing and Decision (rpd Final Determination)
Outcome
Claim for refugee protection rejected.
Legal Topics
Statelessness, Citizenship and Naturalization, Repatriation Programs, Convention Refugee Determination, Credibility, Country Documentation
Source Language
English
Immigration Law Refugee Law Nationality Law Administrative Law Statelessness Citizenship and Naturalization Repatriation Programs Convention Refugee Determination +2 more

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (statelessness Under Immigration and Refugee Protection Act Ss.96 and 97) / Hearing and Decision (rpd Final Determination)

Legal Issues

  1. 1 Whether the claimant is stateless
  2. 2 Whether the claimant could obtain Russian citizenship by simple formalities
  3. 3 Whether availability of citizenship by simple procedure excludes refugee protection under ss.96-97 IRPA and Bouianova

Ratio Decidendi

Because the claimant was born in Russia to Russian parents, speaks Russian, lived in Russia as an infant, and documentary evidence showed routes (birthright, simplified registration and state repatriation/temporary residence programs) by which he could obtain Russian citizenship or temporary legal status, the panel found he could obtain Russian citizenship by simple formalities; therefore he is not stateless and is not a Convention refugee or person in need of protection, so his claim is rejected.

Court Disposition

Claim for refugee protection rejected.

Orders

  • Refugee protection claim dismissed; claimant is neither a Convention refugee nor a person in need of protection.