Canada ( Minister of Citizenship and Immigration ) v. Mahdi
A-632-94
Pratte J.A.
1/12/95
7 pp.
Appeal from Trial Division order allowing judicial review of Board decision vacating previous determination respondent Convention refugee-Respondent from Somalia obtaining permanent resident status in U.S.; respondent returning to Somalia with U.S.-born children; respondent subsequently seeking and obtaining Convention refugee status in Canada-Board vacating decision to grant Convention refugee status on ground U.S. permanent resident having same rights and obligations as American citizen and thus could not be Convention refugee-Trial Judge finding respondent giving up U.S. residence upon return to Somalia-Evidence clear U.S. permanent residents may lose status if relinquishing U.S. residence-Appellant submitting mere possibility of deprivation of U.S. permanent resident status too remote to be taken into consideration-Respondent not leaving U.S. for Somalia with intention of coming to Canada-Fact respondent voluntarily renouncing protection of U.S. for Somalia not precluding her from later claiming Convention refugee status in Canada if having good reasons to fear persecution in Somalia-Issue for Board to determine: Whether respondent, at time of application for admission to Canada, still recognized as U.S. permanent resident by competent U.S. authorities-Possibi-lity U.S. authorities no longer recognizing respondent as permanent resident must be taken into account in making Board's determination-Appeal dismissed.