Mahdi v. Canada ( Minister of Citizenship and Immigration )
IMM-1600-94
Gibson J.
15/11/94
7 pp.
Application for judicial review of decision by Convention Refugee Determination Division (CRDD) to cancel applicant's Convention refugee status -- Applicant, Darod Somali, granted Convention refugee status in June 1991 -- Options open to CRDD on application herein set out in Immigration Act, s. 69.3(4), (5) -- CRDD concluding applicant seeking "protection (she) does not need" in coming to Canada to seek Convention refugee status-Two letters from United States Embassy in Ottawa and United States Consulate General in Toronto indicating applicant might have lost protection of that country -- Residence in United States given up-Analysis engaged by CRDD not supporting conclusion applicant excluded from definition of "Convention refugee" -- CRDD failing to conduct more thorough analysis to support conclusion applicant may return to United States as permanent resident and does not need protection Convention refugee status affords her -- CRDD should have engaged in analysis contemplated by s. 69.3(5) to determine whether applicant's Convention refugee status in Canada could still be sustained -- Application allowed -- Matter raising serious question of general importance -- Question certified in following terms: In disposing of an application under subsection 69.2(2), in circumstances where the individual who is the subject of the application has obtained permanent resident status in the United States or a status equivalent thereto and less than citizenship in another democratic state, but may be subject to expulsion or exclusion in accordance with the law of that state, is the Convention Refugee Determination Division required to consider that possibility in determining whether or not to exercise its discretion under subsection 69.3(5) of the Immigration Act or is the individual in any event excluded from Convention refugee status by reason of Art. 1E of the Convention? -- Immigration Act, R.S.C., 1985, c. I-2, ss. 69.2 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 61(E)), 69.3 (as enacted idem, s. 62) -- United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1E.