Al Sagban v. Canada ( Minister of Citizenship and Immigration )
A-724-97
Linden J.A.
3/12/98
11 pp.
Appeal from Trial Division Division decision [1998] 1 F.C. 501 as to whether Immigration and Refugee Board may consider conditions in country to which person might be removed when considering "all the circumstances of the case" under Immigration Act, s. 70(1)(b)-Respondent born in Baghdad, Iraq in 1964-In September 1994, respondent ordered deported from Canada by Immigration Adjudicator because of three criminal convictions-Board considering seriousness of offences committed, evidence of rehabilitation, establishment in Canada, nationality of respondent-Concluding negative factors against respondent weighed more heavily against him than positive factor-Board finding respondent had not shown why, having regard to all circumstances of case, he should not be removed from Canada-Application for judicial review of Board's decision allowed by F.C.T.D.-Case of Chieu v. Canada (Minister of Citizenship and Immigration) (1996), 125 F.T.R. 76 (F.C.T.D.), adjudicating same issue, producing certified question of general importance to Court-On appeal, F.C.A.'s decision explaining Board may not consider country conditions in country to which person might be removed when considering "all the circumstances of the case" under Act, s. 70(1)(b)-Certified question answered as follows: Board, in exercise of jurisdiction under s. 70(1)(b), may not consider conditions, possible harm to individual in potential countries to which non-refugee appellant might be removed when assessing whether person should not be removed from Canada-Appeal allowed-Immigration Act, R.S.C., 1985, c. I-2, s. 70(1)(b) (as am. by S.C. 1995, c. 15, s. 13).