Bohaisy v. Canada ( Minister of Employment and Immigration )
IMM-3397-93
McKeown J.
9/6/94
3 pp.
Application for judicial review of Immigration and Refugee Board's decision applicant, stateless person, not Convention refugee -- Board erred when stated person without right to claim Convention refugee status if claimant not "formally returnable" to any state; not test for determining limitation to right to claim Convention refuge status -- Test used by Board not conform with definition of Convention refugee -- Proceeding should be exercised herein within powers conferred on Trial Division under Federal Court Act, s. 18.1(3)(b) -- Matter returned to Board and direction applicant be determined Convention refugee -- Application allowed -- Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1(3)(b) (as enacted by S.C. 1990, c. 8, s. 5).