Sikilaa v. Canada ( Minister of Citizenship and Immigration )
IMM-1025-97
Heald D.J.
23/1/98
6 pp.
Application for judicial review of Immigration and Refugee Board Appeal Division (Appeal Division) decision dated February 24, 1997 dismissing applicant's appeal from removal order issued against him in February 1996-Applicant granted landing in 1992 as refugee from Malawi on basis of well-founded fear of persecution-In February 1996, applicant admitted having lied about place of birth and citizenship, said born in Ghana, had dual citizenship (Malawi and Ghana), hence removal order-Before Appeal Division, applicant submitted two passports from Malawi and one from Ghana, testified born in Malawi and had purchased one Ghanian and one Malawian passport by illegal means-Appeal Division concluded only genuine document Ghanian passport and made adverse finding on applicant's credibility-Considered humanitarian and compassionate circumstances but concluded deportation order valid-Issues whether Appeal Division erred by misconstruing evidence or making erroneous findings of fact and whether erred by fettering discretion on compassionate and humanitarian considerations issue-Application allowed-On evidence, Appeal Division erred in concluding applicant Ghanian-Appeal Division also erred in considering, on examining compassionate issue, possibility of Minister's consent to return to Canada-Clearly irrelevant consideration-Therefore, applicant did not receive fair hearing.