Rizwan v. Canada ( Minister of Employment and Immigration )
T-104-93
Rouleau J.
16/3/94
6 pp.
Application for judicial review of Adjudicator's decisions refusing to allow applicant to submit new claim to Convention refugee status and issuance of exclusion order -- Applicant seeking writs of mandamus enjoining respondent to allow submission of claim and prohibition to prevent expulsion -- Applicant arrived in Canada from Pakistan in 1986 and claimed Convention refugee status on basis of fear of persecution owing to political opinion and membership in particular social group -- Claim rejected by Immigration Appeal Board after coming into effect of 1989 amended Immigration Act -- Adjudicator's determination no new claim could be entertained at resumed inquiry not based on considerations of eligibility relevant to 1989 Act; rather, based on nature of proceedings as resumed inquiry, to be concluded under terms of 1976 Act: Gill v. Minister of Employment and Immigration, [1983] 2 F.C. 815 (C.A.) -- Immigration Appeal Board disposed of claim in compliance with terms of transitional provisions of 1989 amended Act, s. 48(3) -- Application dismissed -- Immigration Act, R.S.C., 1985, c. I-2 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 48(3)).