Katassonov v. Canada ( Secretary of State )
IMM-4146-93
McGillis J.
31/5/94
2 pp.
Application for judicial review of Immigration and Refugee Board's decision applicant not Convention refugee -- Applicant, citizen of Russia, claimed refugee status based on well-founded fear of persecution by reason of Moldavian nationality -- Applicant testified concerning various incidents in which Russians beat or threatened him and defaced or destroyed property -- Although police received complaints, no investigation conducted -- Board stated applicant victim of discrimination or harassment but not persecution -- Board failed to consider whether acts were "serious or systematic enough to be characterized as persecution, or to lead to a conclusion that there was a serious possibility of persecution in the future": Sagharichi v. Canada (Minister of Employment and Immigration), [1993] 3 F.C. D-26 (C.A.); application for leave to appeal dismissed, 23826, 17/2/94, S.C.C. -- Failure of Board to apply proper principles in analyzing this aspect of claim constituting reversible error of law -- Application allowed.