CITIZENSHIP AND IMMIGRATION
Status in Canada
Convention Refugees
Judicial review of decision by Refugee Protection Division (RPD) of Immigration and Refugee Board applicant neither Convention refugee nor person otherwise in need of protection of Canada—Applicant citizen of Iraq—Claiming protection from removal to Iraq based on nationality, religion, political opinion—Also claiming fear of removal to Australia because of abusive husband—RPD determining applicant resident of Australia, excluded under United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can T.S. No. 6, Art. 1E—Effective date for determination of applicability of Art. 1E exclusion critical—If no right of return to Australia on date of RPD hearing or decision, effect of decision that applicant left with only right of return to Iraq, country against which claimed protection—Such claim never examined—RPD conducting flawed, incomplete analysis—Application allowed.
Binyamin v. Canada (Minister of Citizenship and Immigration) (IMM-2018-07, 2008 FC 263, Gibson J., order dated 28/2/08, 12 pp.)