CITIZENSHIP AND IMMIGRATION
Status in Canada
Convention Refugees
Judicial review of decision by Refugee Protection Division (RPD) of Immigration and Refugee Board applicant neither Judicial review of dismissal by Refugee Protection Division (RPD) of application to vacate Convention refugee determination—Respondent misrepresenting dates of events on which based alleged fear of persecution—RPD making no distinction between requirements of Immigration and Refugee Protection Act (IRPA), S.C. 2001, c. 27, s. 109(1), (2); concluding Minister not satisfying requirements of s. 109(1), but sufficient untainted evidence under s. 109(2) to let decision stand—Application allowed—Decision must be made with respect to s. 109(1) before consideration given to s. 109(2)—Three elements in s. 109(1), including facts misrepresented or withheld must relate to relevant matter—New dates not relevant and cannot be considered—Also reasons provided not meeting duty of procedural fairness to provide written explanation for decision.
Canada (Minister of Public Safety and Emergency Preparedness) v. Gunasingam (IMM-2283-07, 2008 FC 181, Harrington J., order dated 13/2/08, 9 pp.)