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Sahin v. Canada ( Minister of Citizenship and Immigration )

A-575-94

MacGuigan J.A.

8/6/95

2 pp.

Appeal pursuant to question certified by Trial Judge in Sahin v. Canada (Minister of Citizenship and Immigration), [1995] 1 F.C. 214 (T.D.): may adjudicator lawfully detain Convention refugee or Convention refugee claimant pursuant to Act, s. 103, as unlikely to report for removal solely upon person's expressed unwillingness to return to country where he or she fears persecution -- Certified question moot as appellant not now either Convention refugee or Convention refugee claimant -- Court refusing to consider question as question not appropriately posed, i.e. question not catching flavour of appellant's insistence not reporting for removal where resulting in forcible return to sole country to which having right to return -- Appeal dismissed -- Immigration Act, R.S.C., 1985, c. I-2, s. 103 (as am. by R.S.C., 1985 (4th Supp.), c. 28; s. 27; S.C. 1992, c. 49, s. 94).

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