CITIZENSHIP AND IMMIGRATION
Status in Canada
Convention Refugees
Judicial review of Immigration and Refugee Board decision applicant not refugee, person in need of protection due to exclusion under Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 98—In light of applicant’s level of involvement with Armed Forces Revolutionary Council in Sierra Leone, Board finding serious reasons for believing applicant committed crime against humanity—Analysis of law regarding exclusion under s. 98—By not making adequate findings of fact, Board erred in law—Court may however uphold Board’s decision to exclude, despite errors committed by panel, if on basis of correct approach, no properly instructed tribunal could have come to different conclusion—Application dismissed.
Thomas v. Canada (Minister of Citizenship and Immigration) (IMM‑3780‑06, 2007 FC 838, Mosley J., judgment dated 13/8/07, 27 pp.)