Canada ( Minister of Citizenship and Immigration ) v. Mohamud
IMM-4899-94
Rothstein J.
15/5/95
3 pp.
Judicial review of panel decision respondent Convention refugee and not excluded from status by virtue of Convention, Art. 1E-Respondent, citizen of Somalia, obtaining Foreigner's Permit of Stay from Italy (permit) entitling her to remain in Italy solely for duration of war in Somalia-Respondent subsequently seeking and obtaining Convention refugee status in Canada based on well-founded fear of persecution in Somalia based on membership in tribe-Panel holding respondent's claim not inextricably linked or conditioned on war-As permit only entitling respondent to remain in Italy during war, respondent could be forced to return to Somalia from Italy, notwithstanding well-founded fear of persecution-Absence of right to remain in Italy especially important in present case as respondent's fear of persecution independent of war-Although Convention, Art. 1E not requiring claimant be granted rights identical in every respect to those of national of country of residence, such an important right as right to remain, in absence of unusual circumstances such as criminal conviction, must be afforded-Application dismissed-Question whether applicant's status pursuant to permit sufficient to engage Convention, Art. 1E exclusion certified-United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1E.