Wassiq v. Canada ( Minister of Citizenship and Immigration )
IMM-2283-95
Rothstein J.
10/4/96
8 pp.
Application for judicial review of Immigration and Refugee Board's decision holding Geneva Convention did not apply to applicants by virtue of exclusion in Section E of Article 1 of Convention-Section states Convention does not apply to person recognized as having rights and obligations of nationality by authorities of country where person has taken residence-Such rights include right to return-In 1981 applicants fled Afghanistan and successfully sought refugee status in Germany-In 1991, left Germany for Canada seeking refugee status-Matter not dealt with until after travel documents and residency permits for Germany expired-Germany claiming applicants may not return because responsibility for applicants passed to Canada-Application of Convention section E of Article 1 depends on whether Germany recognizes applicants may return-On evidence before it, Board could not reach that conclusion therefore erred in finding section E of Article 1 applied to applicants-Application allowed-United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6.