Malchikov v. Canada ( Minister of Citizenship and Immigration )
IMM-1673-95
Tremblay-Lamer J.
18/1/96
7 pp.
Application for judicial review of CRDD decision applicants not Convention refugees as failed to show fear of persecution well founded-Applicants, citizens of Israel, claiming well-founded fear of persecution for reasons of nationality, political opinion, membership in particular social group-Applicants moved from Byelorussia to Haifa, Israel in June 1991-Children discriminated against from very start-Female claimant alleged dismissed from the Sholomite Hotel in May 1992 on basis Christian-In September 1992, claimants had to move to Tel Aviv near Orthodox neighbourhood-Two Orthodox Jews spat at female claimant for refusing to convert to Judaism-One son, Andrey, locked in air raid shelter and later tied to tree and beaten-Attack on Andrey and people's indifference convinced applicants to leave Israel on July 25, 1994 and to come to Canada to claim refugee status-Applicants victims of harassment constituting persecution-Not only experiencing acts of physical violence, but also threatened to induce them to leave country-Unreasonable for panel to characterize acts committed against Andrey as pranks and to find what occurred merely harassment-Application allowed.