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Khatib v. Canada ( Minister of Citizenship and Immigration )

A-592-94

Strayer J.A.

20/6/96

3 pp.

Appeal from Trial Division decision setting aside Immigration and Refugee Board decision rejecting respondents' claim for refugee status-Appeal dismissed-Application of Liyanagamage v. Canada (Minister of Citizenship and Immigration) (1994), 176 N.R. 4 (F.C.A.) wherein F.C.A. held questions certified under Immigration Act, s. 83(1) must be determinative of appeal-As Trial Division decision herein based on four grounds and as certified question relating to one ground only, answering question could not affect outcome of appeal-Therefore, question should not be answered-Immigration Act, R.S.C., 1985, c. I-2, s. 83(1) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 19; S.C. 1992, c. 49, s. 73).

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