Kahin v. Canada ( Minister of Citizenship and Immigration )
IMM-2175-94
Muldoon J.
15/3/95
17 pp.
Application for judicial review of decision of Convention Refugee Determination Division (CRDD) vacating original finding by CRDD granting refugee status -- Respondent alleging under Immigration Act, s. 69.2(2) determination obtained by fraudulent means, misrepresentation, suppression or concealment of material fact -- Applicant citizen of Somalia -- Entered Canada on September 5, 1989, claimed refugee status -- Found to be Convention refugee on January 9, 1990 -- Applicant omitting to disclose conviction of burglary of habitation with intent to commit sexual assault on June 19, 1989 -- Pleading guilty to offence -- CRDD vacating determination of Refugee Division under s. 69.2(2) applicant Convention refugee -- Panel not accepting explanations given by applicant for concealing material facts -- Board committing no reviewable error -- Intervention of Court not warranted -- Applicant's argument misrepresentation not material to determination not convincing -- Commission of serious non-political crime automatically excluding person from claiming refugee status -- Exclusion of criminals part and parcel of Act in general -- Evidence showing applicant convicted of burglary of habitation with intent to commit sexual assault -- CRDD reasonably concluding no other sufficient evidence existed to sustain determination -- Decision based on adverse finding of credibility -- Effect of vacating determination to annul it from time of vacation such that applicant not Convention refugee -- Application dismissed -- Immigration Act, R.S.C., 1985, c. I-2, s. 69.2 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 61(E)).