Canada Immigration Case law Gezik c Canada, IMMIGRATION — Refugee status — Procedure Editorial Canada Immigration, Caselaws, immigration, Procedure, Refugee status Leave a Comment

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IMMIGRATION — Refugee status — Procedure — Foreign national and wife, who were citizens of Iran, went to Turkey and filed application for permanent residence based on refugee status outside Canada — Foreign national’s wife was principal applicant and foreign national was dependent — Foreign national received positive determination in category of Convention refugees abroad class [CR1] and became permanent resident of Canada, based on wife’s well-founded fear of persecution for reasons of religion — Foreign national subsequently renewed his Iranian passport at Iranian Embassy in Ottawa and took two trips to Iran, with intention of returning to Iran again to get married as he had divorced original wife — Minister applied for cessation of foreign national’s refugee protection pursuant to s. 108(1)(a) of Immigration and Refugee Protection Act (Can.) based on foreign national’s reavailment of protection of his country of nationality — Board concluded that plain reading of s. 95(1)(a) of Act indicated that someone can only become refugee if they are determined as such either by overseas visa officer or in Canada by Refugee Protection Division — Consequently, Board found that foreign national became member of CR1 class pursuant to s.140 of Immigration and Refugee Protection Regulations (Can.) by virtue of being his wife’s dependent and not as result of being determined to be Convention refugee — Not being Convention refugee, Board concluded it had no jurisdiction under s. 108 of Act — Minister applied for judicial review — Application dismissed — Language of s. 95(1)(a) is clear, particularly when informed by similar language in Regulations and OP 5 Manual — Provision speaks only to persons determined to be Convention refugees or similarly in need of protection — If entitlements of CR1 classification are to be limited or withdrawn from family members as result of their conduct, this must be effected under clearly stated provisions so as to avoid any unintended misfortune from occurring — Question certified i.e Where person has become permanent resident under visa application in overseas Refugee and Humanitarian Resettlement Program by virtue of member of person’s family listed in visa application having been determined to be Convention refugee (though person was not themselves assessed as Convention refugee), is that person Convention refugee as contemplated in s. 95(1)(a) of Act, who is subject to cessation of refugee status pursuant to s. 108(2) Act

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