CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Removal of Permanent Residents |
Akkawi v. Canada (Minister of Citizenship and Immigration)
IMM-741-02
2003 FCT 21, Pinard J.
21/1/03
4 pp.
Judicial review of decision of Appeal Division of Immigration and Refugee Board (Appeal Division) determining applicant to be removed from Canada by overturning order of suspension of removal--Up to Appeal Division to determine whether applicant has established, having regard to all circumstances of case, should not be removed from Canada-- Finding question of mixed fact and law--Circumstances to be considered set out by Immigration Appeal Board and adopted by S.C.C. in Chieu v. Canada (Minister of Citizenship and Immigration), [2002] 1 S.C.R. 84. Open to Appeal Division to consider fact applicant owns home in Syria but not in Canada, does not own car in Canada, and not in serious romantic relationship, in order to determine extent of establishment in Canada--In determining status of permanent resident, Appeal Division takes into consideration all circumstances of case, and factors considered in case at bar relevant to determination--Application for judicial review dismissed.