Albarado v. Canada ( Minister of Citizenship and Immigration )
IMM-77-99
Sharlow J.
30/9/99
7 pp.
Practice-Application for judicial review of senior immigration officer's decision rejecting applicants' claim for Convention refugee status on ground claim barred by Act, s. 44(1) as applicants persons against whom removal order made but not executed-Departure order effective May 28, 1998 against applicants after rejection of first claim for Convention refugee status-Applicants failed to leave country within 30 days-Applicants left Canada on August 2, 1998, entered United States illegally and returned to Canada December 17, 1998 through closed border post-On December 18, made new claim for Convention refugee status-Question whether removal order had been executed before that date-Act, s. 44(1) barring refugee claims only if removal order had not been executed-Application dismissed-Act, s. 54(1) deeming removal order not executed if person not granted lawful permission to be in any other country (applicants herein did not have lawful permission to be in United States)-Act, s. 32.02(2), deeming persons deported from Canada, applicable only to persons leaving Canada within 30 days of notification of rejection of refugee claim, without obtaining certificate of departure, therefore, not applicable to applicants-Senior immigration officer correct in holding Act, s. 44(1) barring applicants' new refugee claim-Immigration Act, R.S.C., 1985, c. I-2, ss. 32.02 (as enacted by S.C. 1992, c. 49, s. 22), 44(1) (as am. by S.C. 1992, c. 49, s. 35), 54(1) (as am. idem).