CITIZENSHIP AND IMMIGRATION
Exclusion and Removal
Removal of Refugees
Judicial review of decision by Canadian Border Services Agency (CBSA) officer applicant not qualifying for exemption under Canada-United States Safe Third Country Agreement (STCA)—Applicant relying on sister’s refugee claim to ground request for exemption—CBSA officer determining sister not qualifying as “anchor relative” because refugee claim rejected—In fact, sister’s appeal pending when matter came before Court, but subsequently dismissed—Whether sister’s claim must be finally rejected before claimant ineligible to rely on existence of claim in support of plea for exemption—Interpretation of “rejected” in Immigration and Refugee Protection Regulations, SOR/2002-227, s. 159.5(c)(iii)—Not contemplating finality of all appeal processes—Term “rejected” should be given consistent meaning—Not meaning “finally rejected”—Sister no longer anchor relative once claim rejected—Application dismissed—Questions certified.
Baron v. Canada (Minister of Citizenship and Immigration) (IMM-4534-06, 2008 FC 245, Phelan J., judgment dated 25/2/08, 9 pp.)