Mohamed v. Canada ( Minister of Citizenship and Immigration )
IMM-2248-96
Rothstein J.
9/4/97
4 pp.
Whether applicants excluded from definition of Convention refugee in Immigration Act by reason of Geneva Convention, Art. 1E-Female applicant originally from Somalia-Left Somalia in 1991, went to Kenya, then Russia and finally Sweden in January 1993-Gave birth to infant applicant before arriving in Sweden-Applicants applied for Convention refugee status in Sweden-In April 1994, Sweden denied Convention refugee claims but granted them permanent resident status on humanitarian grounds-Whether they have rights, obligations attaching to possession of Swedish nationality so as to come under Convention, Art. 1E-Panel right in finding applicants had not lost domicile in Sweden-Correct in considering status in Sweden at time of hearing-Case raising disturbing question of asylum shopping-Applicants, at their own will, rejecting protection of one country by unilaterally abandoning country for another-Geneva Convention exists for persons requiring protection, not to assist persons preferring asylum in one country over another-Application for judicial review dismissed-United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1E.