Turanskaya v. Canada ( Minister of Citizenship and Immigration )
IMM-166-95
Simpson J.
18/4/96
5 pp.
Jurisdiction to give specific direction and appropriate exercise of jurisdiction-Application for order directing CRDD of IRB to declare applicant Convention refugee-Applicant formerly resident in Cuba and Ukraine-Board erred in requiring applicant to demonstrate well-founded fear of persecution in respect of both countries of former habitual residence-Application allowed-Agreeing with Ali v. Minister of Employment and Immigration (1994), 76 F.T.R. 182 (F.C.T.D.), under language in Federal Court Act, s. 18.1(3)(b), Court has identical power to Court of Appeal to refer back with directions so specific they predetermine Board's decision-In light of limited public resources, practical to interpret section to allow directions which will avoid rehearings in appropriate cases-On respondent's question whether Board erred in concluding applicant stateless, Court exercising discretion in context of Board's decision and not going behind that decision on matters unrelated to error on judicial review application-Board ordered to declare applicant Convention refugee-Question certified: Whether jurisdiction in FCTD to direct CRDD to declare applicant Convention refugee pursuant to Federal Court Act, s. 18.1(3)(b)-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).