Kanesharan v. Canada ( Minister of Citizenship and Immigration )
IMM-269-96
Heald D.J.
23/9/96
8 pp.
Application for judicial review of Immigration and Refugee Board's decision finding applicant excluded from definition of Convention Refugee by U.N. Convention, Art. 1E-Applicant and family subjected to repeated violence, torture and discrimination in Sri Lanka-Applicant fleeing to United Kingdom in 1990-Refused Convention refugee status but given permission to remain in U.K. until 1993-Right to remain extended to May, 1997-Came to Canada in 1994 claiming Convention refugee status-Art. 1E providing Convention shall not apply to person recognized by competent authorities of country of residence as having rights and obligations attached to nationality of country-Board finding applicant enjoying rights and obligations of nationals in U.K. and would likely be granted permanent residence-Fears of being returned to Sri Lanka by U.K. unfounded-Law providing if applicant has some sort of temporary status which must be renewed and could be canceled, or if applicant does not have right to return to country of residence, applicant should not be excluded under Art. 1E-Applicant's rights in U.K. prescribed by tentative and conditional language, including "Home Officer reserves the right to remove persons to their country of nationality, should the prevailing circumstances change significantly in a positive manner"-Applicant could therefore be deported from U.K. and therefore does not enjoy "rights and obligations of nationals in the U.K." as concluded by Board-Application allowed, matter referred back to Board for rehearing by differently constituted panel-United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can T.S. No. 6, Art. 1E.