CITIZENSHIP AND IMMIGRATION
Exclusion and Removal
Removal of Permanent Residents
Judicial review of Immigration Appeal Division’s (IAD) dismissal of appeal against removal order—Applicant, Sudanese, obtaining immigrant visa, record of landing docu-ment as permanent resident in Canada—Entry facilitated by acceptance of status as Convention refugee recognized by United Nations High Commissioner for Refugees obtained while studying in Cuba—Applicant convicted of sexual assault, sentenced, incarcerated—Applicant losing permanent resident status after losing appeal before IAD—Minister’s delegate issuing opinion applicant “danger to public in Canada” under s. 115(2)(a) of Immigration and Refugee Protection Act—In danger opinion, Minister’s delegate weighing danger factors of applicant remaining in Canada against fears of returning to Sudan—Error in law in that Minister’s delegate nowhere concluding applicant danger to public in Canada—Deciding “on balance” applicant’s ongoing presence in Canada greater danger to public in Canada than risk potentially facing upon return to Sudan—S. 115(2) requiring discrete finding applicant danger to Canadian public to be made before finding non-refoulement rights applicant may have not applying—Wrong for Minister’s delegate to embark on balancing of danger factors against risk factors— Application allowed—Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 115(2)(a).
Akuech v. Canada (Minister of Citizenship and Immigration) (IMM-8756-03, 2005 FC 337, Lutfy C.J., order dated 9/3/05, 5 pp.)