Ates v. Canada (Minister of Citizenship and Immigration)
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Ates v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court of Appeal Decisions Date 2005-10-05 Neutral citation 2005 FCA 322 File numbers A-592-04 Decision Content Date: 20051005 Docket: A-592-04 Citation: 2005 FCA 322 CORAM: LINDEN J.A. NADON J.A. SHARLOW J.A. BETWEEN: ERKAN ATES Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Heard at Ottawa, Ontario, on October 5, 2005. Judgment delivered from the Bench at Ottawa, Ontario, on October 5, 2005. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20051005 Docket: A-592-04 Citation: 2005 FCA 322 CORAM: LINDEN J.A. NADON J.A. SHARLOW J.A. BETWEEN: ERKAN ATES Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on October 5, 2005.) SHARLOW J.A. [1] Despite the able submissions of counsel for the appellant, we are not persuaded that the judgment of the Federal Court (2004 FC 1316) is based on an error of law or any other error that warrants the intervention of this Court. The certified question is: In a country where military service is compulsory, and there is no alternative thereto, do repeated prosecutions and incarcerations of a conscientious objector for the offence of refusing to do his military service, constitute persecution based on a Convention refugee ground? [2] We would answer this question in the negative. This appeal will be dismissed. "K. Sharlow" J.A. FEDERAL COU…
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Ates v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court of Appeal Decisions Date 2005-10-05 Neutral citation 2005 FCA 322 File numbers A-592-04 Decision Content Date: 20051005 Docket: A-592-04 Citation: 2005 FCA 322 CORAM: LINDEN J.A. NADON J.A. SHARLOW J.A. BETWEEN: ERKAN ATES Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Heard at Ottawa, Ontario, on October 5, 2005. Judgment delivered from the Bench at Ottawa, Ontario, on October 5, 2005. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20051005 Docket: A-592-04 Citation: 2005 FCA 322 CORAM: LINDEN J.A. NADON J.A. SHARLOW J.A. BETWEEN: ERKAN ATES Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on October 5, 2005.) SHARLOW J.A. [1] Despite the able submissions of counsel for the appellant, we are not persuaded that the judgment of the Federal Court (2004 FC 1316) is based on an error of law or any other error that warrants the intervention of this Court. The certified question is: In a country where military service is compulsory, and there is no alternative thereto, do repeated prosecutions and incarcerations of a conscientious objector for the offence of refusing to do his military service, constitute persecution based on a Convention refugee ground? [2] We would answer this question in the negative. This appeal will be dismissed. "K. Sharlow" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-592-04 APPEAL FROM A JUDGMENT OR AN ORDER FROM THE FEDERAL COURT OF CANADA DATED OCTOBER 12, 2004, FEDERAL COURT OF CANADA FILE NUMBER IMM-150-04 STYLE OF CAUSE: ERKAN ATES and THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: October 5, 2005 REASONS FOR JUDGMENT OF THE COURT: LINDEN J.A. NADON J.A. SHARLOW J.A. DELIVERED FROM THE BENCH BY: SHARLOW J.A. APPEARANCES: Mike Bell FOR THE APPELLANT Catherine A. Lawrence FOR THE RESPONDENT SOLICITORS OF RECORD: Bell, Unger, Riley, Morris Ottawa, Ontario FOR THE APPELLANT John H. Sims, Q.C. Deputy Attorney General Ottawa, Ontario FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca