Ciric v. Canada (Minister of Employment and Immigration)

2 F.C. 65 (1994)

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Ciric v. Canada (Minister of Employment and Immigration)

Canada Federal Court, Trial Division
2 F.C. 65 (1994)

Facts

Slavko Ciric and his wife Slavica Ciric (defendants) applied for refugee status, and the Minister of Employment and Immigration (plaintiff) opposed the application. In proceedings before the Immigration and Refugee Board (the board), Slavko and Slavica Ciric testified that they were Serbian and that Slavko Ciric served in the Yugoslav army in the 1980s. In June 1991, civil war began in Yugoslavia, and the Yugoslav military drafted all Serbian men between 18 and 60. Slavko and Slavica Ciric asserted that they opposed the civil war and that they did not believe the government propaganda about the opposing Croatian forces. Slavko Ciric went into hiding to avoid conscription until leaving with his wife for Canada in September 1991. The board allowed that refugee status could be granted for refusal to serve in the military for a particular military action. The board concluded, however, that there was insufficient evidence that the Yugoslav civil war is one that is condemned by the international community, so Slavko and Slavica Ciric could not claim refugee status based on avoiding military service. The board also concluded that Slavko and Slavica Ciric were not at risk of persecution based on their refusal to participate in the military because Yugoslavia was not targeting individuals like Slavko Ciric not currently in the military. Slavko and Slavica Ciric appealed to the Canada Federal Court, arguing that the board erred in ignoring evidence of the international condemnation of the atrocities committed in civil war in Yugoslavia. Slavko and Slavica Ciric argued that the situation in Yugoslavia qualifies Slavko and Slavica Ciric for refugee status for their refusal to serve in the military.

Rule of Law

Issue

Holding and Reasoning (Cullen, J.)

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