Doli v. Canada ( Minister of Employment and Immigration )
A-1179-91
Linden J.A.
20/4/93
2 pp.
Crown consenting to appeal being allowed, but appellant arguing Court should exercise authority under Federal Court Act, s. 52(c)(i) and declare appellant Convention refugee, rather than remit matter to Board -- Board's error in law of focussing on screening of citizenship of Somali-Kenyans, leading it to hold appellant feared prosecution, not persecution -- Because of error Board not considering evidence appellant feared persecution because ethnic Somali-Kenyan and because of anti-government activities -- Facts remaining to be resolved by Board -- Canada (Minister of Employment and Immigration) v. Burgon (1991), 13 Imm. L.R. (2d) 102 (F.C.A.) distinguished -- Evidence not "so clearly conclusive" only possible conclusion by Board appellant Convention refugee -- Appeal allowed -- Matter remitted to Board for rehearing and redetermination by differently constituted panel -- Federal Court Act, R.S.C., 1985, c. F-7, s. 52(c)(i).