CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Williams v. Canada (Minister of Citizenship and Immigration)
IMM-4181-03
2004 FC 511, Pinard J.
6/4/04
4 pp.
Judicial review of decision of Immigration and Refugee Board (Board) applicant not Convention refugee as defined in Immigration and Refugee Protection Act, ss. 96, 97-- Applicant citizen of Rwanda--Board concluded applicant had possibility of seeking protection in Uganda--Relying on fact applicant's mother born in Uganda and as result, Board found applicant could easily obtain Ugandan citizenship--Board erred in requiring applicant to avail himself of protection of country (Uganda) which at relevant time not country of nationality--Act, s. 96 clearly refers to "countries of nationality", and not to any other countries, including potential countries of nationality--As applicant did not have Ugandan nationality at time he appeared before Board and as he needed, as pre-condition, to renounce his Rwandan citizenship in order to regain Ugandan citizenship, Board erred in denying him refugee status on basis he had possibility of seeking protection in Uganda--Application allowed-- Question certified: Does expression "countries of nationality" in section 96 of Immigration and Refugee Protection Act include a country where claimant can obtain citizenship if, in order to obtain it, he must first renounce citizenship of another country and he is not prepared to do so?--Immigration and Refugee Protection Act, S.C. 2001, c. 27, ss. 96, 97.