CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Duraisamy v. Canada (Minister of Citizenship and Immigration)
IMM-6216-99
Heneghan J.
24/11/00
5 pp.
Application for judicial review of decision by Immigration and Refugee Board allowing application of Minister of Citizenship and Immigration to reconsider, vacate previous Board's determination applicants Convention refugees--Immigration Act, s. 69.2(2) outlining circumstances in which Minister can seek reconsideration, vacation of prior finding of Convention refugee status--Minister sought reconsideration, vacation of prior finding on basis adult applicants misrepresented true circumstances when applying for Convention refugee status in Canada--Applicants allegedly obtaining initial Convention refugee status in Canada on basis of fraudulent means, misrepresentations, suppression, concealment of material facts--Board allowing Minister's application--Erred in doing so--No impediment to Board considering current law which has developed since initial hearing--When application made for reconsideration, vacation under s. 69.2(2), Board must proceed to assess untainted evidence, to determine whether remains sufficient evidence of persecution to sustain determination of Convention refugee status--Nothing in reasons to show Board considered remaining evidence--No findings of credibility in respect of applicants' evidence, once former misrepresentations of applicants excluded--Board based decision to allow Minister's application solely on applicability of Art. 1(E) of United Nations Convention--Application allowed--Immigration Act, R.S.C., 1985, c. I-2, s. 69.2 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 61)--United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1(E).