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Iqbal v. Canada ( Minister of Citizenship and Immigration )

IMM-4207-93

Muldoon J.

7/5/96

8 pp.

Application for judicial review of decision of Convention Refugee Determination Division (CRDD) denying applicant's claim to re-open refugee claim-Proceeding aimed at quashing one member's decision denying re-opening of earlier decision to deny status-Applicant seeking to re-open proceeding and to introduce new evidence not available at original CRDD hearing-Applicant's case for Convention refugee status based on having become apostate in strictly theocratic homeland-Immigration Act, s. 46.01(1)(c)(i) preventing re-opening of case-Clear and firm in favour of strict application of functus officio-CRDD having no jurisdiction to reopen applicant's case-CRDD member's decision correct-Motion to quash dismissed-Three questions to be certified-Immigration Act, R.S.C., 1985, c. I-2, s. 46.01(1) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 14; S.C. 1992, c. 1, s. 73; c. 49, s. 36).

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