Osman v. Canada ( Minister of Citizenship and Immigration )
IMM-329-97
Joyal J.
21/1/98
4 pp.
Application to quash decision of Senior Immigration Officer (SIO) made under Immigration Act, s. 46.04(8)-Applicant Somalian refugee who, without passport, travel document or other evidence of identity, filed with SIO affidavit evidence from wife, sister, grandmother-SIO not satisfied with evidence-Burden imposed on applicant by s. 46.04(8) not met-Errors in decision as alleged not sufficiently material to justify Court's intervention-Identity of many refugee claimants often difficult to establish-Strong, obvious policy reasons why problem should be overcome before permanent landing granted-Situation of many refugees who lack identification precarious, uncertain-Movements geographically restricted, at least for first five years after refugee status conferred-If proper identification must be established, issue should always be open, giving refugee more than one opportunity to establish bona fides-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, s. 46.04(8) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 14; S.C. 1992, c. 1, ss. 143(E), 144(F); c. 49, s. 38.).