Yassin v. Canada ( Minister of Citizenship and Immigration )
IMM-2363-97
Tremblay-Lamer J.
18/6/98
8 pp.
Application for judicial review of immigration officer's decision applicant not member of post-determination refugee claimants in Canada (PDRCC)-In May 1996, applicant, national of Afghanistan, denied refugee status on basis of United Nations Convention Relating to Status of Refugees, Art. 1F(a)-Regulations then in effect deeming applicant to have submitted application for landing as member of PDRCC class on day of decision-Pursuant to Regulations, applicant filed risk submissions in support of PDRCC application-No decision rendered before Regulations amended on May 1, 1997, to exclude from PDRCC class persons determined by Refugee Division to be persons referred to in Convention, Art. 1F(a)-New rules applied and, as result, application automatically denied-Applicant maintaining application should have been determined under old Regulations-Application allowed-Application of Hirbod v. Canada (Minister of Citizenship and Immigration), [1998] F.C.J. No. 447 (T.D.) (QL), where Reed J. found new Regulations not supporting contention Parliament intended to have Regulations applied retroactively to applicants who had perfected their application and filed risk submissions before coming into force of new Regulations-Conclusion according well with Choi v. Canada (Minister of Employment and Immigration), [1992] 1 F.C. 763 (C.A.)-Even though applicant might still be found ineligible for landing under old Regulations, matter remitted back to immigration officer for redetermination of applicant's eligibility according to Regulations as they read before amendments of May 1, 1997-United Nations Convention Relating to Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1F(a).