Digests

Decision Information

Decision Content

CITIZENSHIP AND IMMIGRATION

Status in Canada

Convention Refugees

Judicial review of decision by Immigration and Refugee Board rejecting application by Minister of Citizenship and Immigration to vacate previous decision of Refugee Division finding respondent to be Convention refugee—Patently unreasonable for Board to base decision on respondent’s limited education, lack of sophistication and on department’s failure to communicate new information to Board—Also failed to conduct proper analysis under Immigration and Refugee Protection Act, s. 109(2)—Application allowed—Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 109.

Canada (Minister of Citizenship and Immigration) v. Pearce (IMM-3826-05, 2006 FC 492, Blanchard J., order dated 18/4/06, 17 pp.)

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