Zia v. Canada ( Minister of Citizenship and Immigration )
IMM-2658-96
Gibson J.
6/6/97
8 pp.
Judicial review of rejection of applications for immigration to Canada as members of "Convention refugees seeking resettlement" designated class-First applicant brother of three other applicants, nationals of Iraq-Sponsoring applications for immigration to Canada-After determining applicants not Convention refugees immigration officer in Jordan concluding could not be members of Convention refugees seeking resettlement designated class-Applications dismissed-Duty of fairness in these circumstances more limited than that owed Convention refugee claimants applying from within Canada as applicants not in Canada not facing possibility of deportation by Canadian authorities to country where claim to fear persecution if claims disallowed-No basis to conclude hearings afforded to applicants other than full and fair-That officer sought concurrence of senior immigration officer before transmitting decisions, as in fact required to do, not detracting from fairness of process-Senior Immigration Officer neither making decisions under review nor influencing them-Changes to Canadian immigration law resulting from Singh et al. v. Minister of Employment and Immigration, [1985] 1 S.C.R. 177 not impacting on process for determination of Convention refugee claims for persons outside of Canada and Singh in no sense commenting adversely on that process-That applicants may briefly attend at Canadian embassy for interview or other related purpose not making them persons claiming refugee status from within Canada-No basis on which to conclude officer's decisions on material, interviews before her, perverse or capricious or made without regard to material and substance of interviews-Questions certified: (1) Where individual applies to Canadian embassy for determination Convention refugee within Immigration Act, seeking resettlement in Canada, does Immigration Act, and more specifically ss. 44, 46.02 and 67 confer sole and exclusive jurisdiction on Convention Refugee Determination Division of Immigration and Refugee Board to hear and determine individual's claim?-(2) If answer negative, were applicants accorded requisite degree of natural justice and procedural fairness in determination of Convention refugee claims?-Immigration Act, R.S.C., 1985, c. I-2, ss. 44 (as am. by S.C. 1992, c. 49, s. 35; 1995, c. 15, s. 7), 46.02 (as am. by S.C. 1992, c. 49, s. 37), 67 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18).