IMM-5338-02), O'Reilly, November 26, 2003; 2003 FC 1387, that a holder of a country's passport is presumed to be a citizen of that country. A-1423-92), Rouleau, March 17, 1994, the claimant, a stateless Palestinian, was born in the Occupied Territories, moved to Jordan at age 6, and resided for short periods in Kuwait (on a temporary basis) and in the United States (illegally). 21 (C.A); 48 Imm. RAD’s conclusion that the applicant had not demonstrated she could not likely return to India and because she could likely return, it was unnecessary to consider whether her inability to return constitutes persecution. M.C.I. (F.C.T.D., no. However, the embassy had failed to consider that under Guinean law, there was a two-year residency requirement in order to become a naturalized national, and the claimant had never resided in Guinea. A-539-92), McGillis, August 4, 1994. The UNHCR IMM-7659-04), Russell, September 14, 2005; 2005 FC 1260. Thabet decision in On the other hand, in Adereti, supra, footnote 2. Reported: Chavarria, Castillo, Wilson Medina v. M.C.I. IMM-1432-00), Lutfy, February 13, 2001; 2001 FCT 61, the Court found that a certificate issued by the UNHCR in 1994, which was valid for six months, recognizing the Iranian claimant as a refugee, was of little, if any, significance, to the determination of refugee status in 2000. The Supreme Court of Canada pointed out in (F.C., no. See, however, ), L.R. The Trial Division has held, in a number of decisions, that a country may be a country of former habitual residence even if the claimant is not legally able to return to that country.Note 58, A country can be a country of former habitual residence even though it is a successor state to a larger country which the claimant left.Note 59. (F.C., no. IMM-4444-97), Rothstein, September 9, 1998. If a claimant asserts that they lost or renounced their citizenship, the claimant must produce evidence to establish that. (F.C. Thabet, not (F.C.T.D., no. Thabet (C.A. Zvonov, Sergei v. M.E.I. She drives a French car. Lhazom, Tsering v. M.C.I (F.C., no. The nationality is an ethnic or racial concept. (F.C., no. Thabet (T.D. supra, footnote 1. Qassim,Note 80 a case where the RPD found that the only country of former habitual residence was the UAE, the Court held that it was not necessary to consider whether the UAE would attempt to remove the claimant to Iraq, or whether he would face persecution there. ), … If it is likely that a person would be able to return to a country of former habitual residence where he or she would be safe from persecution, that person is not a refugee.

(F.C.T.D., no. The numerical value of Country of nationality in Chaldean Numerology is: 4, The numerical value of Country of nationality in Pythagorean Numerology is: 7. IMM-3072-10), Beaudry, January 31, 2011; 2011 FC 98, the elderly and mentally infirm claimant was a national of Cuba and Spain. To tell someone your nationality you DON'T say: My nationality is Chilean. supra, footnote 9 (re Ukraine);

Ashby, Tomeika v. M.C.I. Thus the term implies a situation where a stateless person was admitted to a given country with a view to continuing residence of some duration, without necessitating a minimum period of residence. Moreover, the Court was of the view that there had to be a genuine connection or link with the home state.Note 41 Finally, the Court held that the Law of Return conferred a discretionary power on the Israeli Minister of the Interior to deny citizenship.

(F.C.T.D., no. It is a formal and official word and it appears more frequently in supra, footnote 10 and Shaat, Rana v. M.E.I. Casetellanos v. Canada (Solicitor General), [1995] 2 F.C. Daoud, Senan v. M.C.I. CRDD’s determination that he was not outside the country, nor had Qatar denied him reentry, because of a Convention reason. Practice your Vocabulary with our interactive Hangman Game which includes Having regard to paragraph 93 of the UNHCR IMM-2192-94), Teitelbaum, January 3, 1995; Chipounov, Mikhail v. M.C.I. Thabet (C.A. (F.C.T.D., no. Justice Tremblay-Lamer stated at 152: “The change of name of the country does not change the fact that it was the place where the [claimants] always resided prior to coming to Canada, and therefore it is their country of former habitual residence.”. Solodjankin, Alexander v. M.C.I. 2 Oct. 2020.

L.R.

(F.C. Grygorian, Antonina v. M.C.I. Paragraph 143 of the

propiska system, which the Court found not to be persecutory); IMM-919-93), Denault, May 5, 1994; IMM-2311-17), Kane, February 28, 2018; 2018 FC 226, where the Court rejected the argument that family ties are more important than the duration of residence.

In This was so even though the claimant, a stateless Palestinian born in the United Arab Emirates, had a travel and other documents issued by the Lebanese authorities. RPD erred in considering the claim against Greece (where the claimant had resided without status) instead of Bangladesh, where he would be considered a citizen because he was Bihari (Urdu speaker), is The genuine and effective link between an individual and a state manifested by factors such as birth and/or descent, and often including habitual residence, is reflected to some degree in a majority of domestic nationality legislation. The The denial of a right of return was not for a Convention reason. The phrase “significant period of

IMM-6207-04), De Montigny, May 6, 2005; 2005 FC 636, where the Court stated that it is a matter of law. See also (F.C.T.D., no. Diawara, Aicha Sandra v. M.C.I. (F.C., no. In The true test, in my view, is the following:  if it is within the control of the applicant to acquire the citizenship of a country with respect to which he has no well-founded fear of persecution, the claim for refugee status will be denied. (F.C., no. Maarouf v. Canada (Minister of Employment and Immigration), [1994] 1 F.C. (F.C., no. Elbarbari.Note 62 Since the claimant could not return to any of the three countries in which he had formerly resided, the CRDD erred by not considering his fear of persecution in Iraq, after finding that the claimant did not have a well-founded fear of persecution in Egypt and the United States. (2d) 190 (T.D.). Khan, Deachon Tsering v. M.C.I. It then goes on to discuss how to approach a situation where a claimant has a passport that they are claiming is valid but cannot be proven to be so. Abdel-Khalik v. Canada (Minister of Employment and Immigration) (1994), 23 Imm. The CRDD decision finding her to be a Guinean citizen was therefore overturned. The Federal Court remitted the matter back to the Board to consider what will happen to the claimant if he applies for Italian citizenship. This "control" test also reflects the notion which is transparent in the definition of a refugee that the "unwillingness" of an applicant to take steps required from him to gain state protection is fatal to his refugee claim unless that unwillingness results from the very fear of persecution itself. (2d) 152 (T.D. IMM-5020-93), Muldoon, December 13, 1994 (in Altawil, Anwar Mohamed v. M.C.I. A-260-15), Ryer, Webb, Rennie (dissenting), June 9, 2016; 2016 FCA 175.

“Is any impediment that a refugee claimant may face in accessing state protection in a country, in which that claimant is a citizen sufficient to exclude that country from the scope of the expressions “countries of nationality” and “country of nationality” in s. 96 of the IRPA?” and answered it in the negative. In that case, the Court found that, unlike in The claimant must, however, have established a significant period of

This means that the claimant would bear the burden … of showing on a balance of probabilities that he or she is unable or unwilling to return to any country of former habitual residence. written English. (F.C.T.D., no.

(F.C., no. Ward and it is not restricted, contrary to what counsel for the respondent has suggested, to mere technicalities such as filing appropriate documents. Country of nationality The country (or countries) that this person is a citizen of. However, in 100 different countries (great for spelling).