CITIZENSHIP AND IMMIGRATION
Inadmissible Persons
Appeal from Federal Court decision (2005 FC 1212) upholding refusal by Immigration and Refugee Board, Immigration Appeal Division (IAD) of discretionary relief from deportation order—Certified question as to whether deportation order, with respect to permanent resident who has been declared Convention refugee, specifying country fled as refugee as sole country of citizenship, sufficient without more to establish that country as likely country of removal so that Chieu v. Canada (Minister of Citizenship and Immigration), [2002] 1 S.C.R. 84 applicable, and IAD required to consider hardship to applicant in that country on appeal therefrom, answered in negative—Appellant not demonstrating Judge committed palpable, overriding error in upholding IAD’s decision—Appeal dismissed.
Balathavarajan v. Canada (Minister of Citizenship and Immigration) (A-464-05, 2006 FCA 340, Linden J.A., judgment dated 19/10/06, 6 pp.)