Mohamed v. Canada ( Minister of Citizenship and Immigration )
IMM-2003-98
Sharlow J.
6/8/99
8 pp.
Applicant ethnic Somali born in Ethiopia-Applied for admission in Canada as Convention refugee seeking resettlement-First application refused-Application for judicial review thereof allowed-Application for judicial review of visa officer's (VO) refusal, on redetermination of application-Application dismissed-VO considered requirements set out in Regulations, s. 7: whether "Convention refugee seeking resettlement" within meaning of Regulations, s. 2; likelihood of becoming successfully established in Canada-VO concluded applicant not Convention refugee as, although well-founded fear of persecution in Ethiopia, no such fear with respect to Somalia, his country of nationality-VO's conclusion applicant citizen of Somalia based on Somalian passport issued to him in Germany in 1994-VO erred when failed to put mind to question of whether lack of functioning government in Somalia capable of rebutting presumption of nationality arising from existence of Somalian passport-However, VO's unfavourable decision on question of refugee status did not necessarily lead him into error on question of prospects for self-sufficiency in Canada-Under regulations setting out requirements for admission to Canada for Convention refugee seeking resettlement, VO's negative assessment of applicant's prospects in Canada enough to justify VO's denial of application for admission to Canada-As no error with respect to VO's conclusion on that point, no basis for quashing his decision to deny applicant's application for admission to Canada-Immigration Regulations, 1978, SOR/78-172, ss. 2 "Convention refugee seeking resettlement" (as am. by SOR/97-184, s. 1), 7(1)(b) (as am. idem, s. 2; 98-270, s. 3).