Adar v. Canada ( Minister of Citizenship and Immigration )
IMM-3623-96
Cullen J.
26/5/97
10 pp.
Application for judicial review of decision by Convention Refugee Determination Division (CRDD) allowing Minister's application to vacate applicants' Convention refugee status on ground status obtained fraudulently by concealment of material fact-Applicants spouses travelled to United States using Djiboutian passports in December 1989-Same month entered Canada at Blackpool, Quebec-Applicants accepted by CRDD as Somalian Convention refugees on April 17, 1990-In November 1991, Minister seized two Djiboutian passports with applicants' photographs under names Mohamoud Omar Adar, Saada Aden Chili-Applicants stated true names not those in passports but Mohamed Isak Ahmed, Saada Adan Duule-Passports bought illegal-ly-Applications for leave by Minister under Immigration Act, s. 69.2(3) to vacate applicants' Convention refugee status on basis of two seized Djiboutian passports-CRDD determined applicants citizens of Djibouti, not Somalia, received refugee status by concealing facts-Allowed application to vacate applicants' refugee status-Applicants invoking res judicata as Minister already once brought vacation application on basis of seized Djiboutian passports in 1992-Difficult to apply res judicata to definition of Convention refugees because person's status as Convention refugee fluid-Act, s. 69.2(2), (3) allowing CRDD discretion to grant leave for reconsideration of applicant's Convention refugee status on ground status fraudulently gained by misrepresentation of material fact-Denial of leave application in 1992 not "final decision" in sense of res judicata"-Statute giving CRDD powers of reconsideration-Cause of action estoppel directly negated by Act-Applicant not even party to application for leave to vacate Convention refugee status-Nor Minister's second application abuse of process-Passport prima facie evidence of citizenship unless validity contested-Onus on applicant to prove different citizenship than that indicated in passport-In contrast to evidence of 16 allegedly Somalian documents of questionable authenticity, tribunal had before it Minister's evidence of two Djiboutian passports, forensic evidence attesting to authenticity, expert testimony-CRDD not erring in vacating applicants' Convention refugee status without transcripts of first CRDD hearing and, on all evidence, determining applicants citizens of Djibouti-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)).