CITIZENSHIP AND IMMIGRATION
Immigration Practice
Judicial review of Immigration and Refugee Board’s denial of refugee claim on grounds not rebutting presumption in favour of existence of state protection—Application dismissed—Applicant objecting before Board to Guideline 7, reverse‑order questioning—Appeals in cases dealing with that issue, including Benitez v. Canada (Minister of Citizenship and Immigration), 2006 FC 461, under reserve—Necessary to preserve applicant’s appeal rights—In addition to questions certified in Benitez, question certified as to lawfulness of proceeding, decision conducted under Guideline 7 if Guideline unlawful where matter determined on unrelated issue.
Sanchez v. Canada (Minister of Citizenship and Immigration) (IMM‑6316‑05, 2006 FC 921, Phelan J., judgment dated 27/7/06, 10 pp.)