Abdirahman v. Canada ( Minister of Citizenship and Immigration )
IMM-860-96
Campbell J.
22/1/97
10 pp.
Judicial review of immigration officer's refusal to land applicants-Applicants (mother, children), citizens of Somalia-Entering Canada in 1991 with husband/father, Mr. Hassan-Adults granted Convention refugee status-Applications for landing provisionally accepted-On basis of employment as Somalia Ambassador, Mr. Hassan found to be person described in Immigration Act, s. 19(1)(l)-S. 19(1)(l) prohibiting admission of senior officials in service of government engaged in terrorism, gross human rights violations, war crimes-"Senior officials" defined to include ambassadors-Mr. Hassan deported-S. 46.04(3) providing immigration officer shall grant landing to applicant and "to any dependant for whom landing is sought" if satisfied neither applicant nor any dependants described in s. 19(1)(l)-Definition of "dependant" including spouse-Immigration officer holding as s. 46.04(3) not specifying "for whom landing is sought by applicant", just "for whom landing is sought", for any family member to be landed, no family member can be described in s. 19(1)(l)-Application allowed-S. 46.04(1) allowing Convention refugees, dependants to apply for landing-Giving right to each Convention refugee to apply for landing-Also allowing Convention refugees to apply on behalf of dependant-Since both Ms. Abdirahman and husband determined to be Convention refugees, both having right, independent of one another, to apply for landing-Children, not having independent right to apply for landing, must rely on parent to do so-Although Ms. Abdirahman qualifying as "dependant" under definition provided by regulations, because of independent right to apply for landing not "dependant for whom landing is sought"-As result of recognizing individual rights to apply for landing, "dependant for whom landing is sought" must refer to those dependants who cannot apply for landing themselves as not having Convention refugee status-Applying literal interpretation to s. 46.04(3), "those dependants" applying only to "those dependants" of individual "for whom landing is sought" on that individual's application for landing, not all dependants of individual applying for landing-No weight given to manner in which Ms. Abdirahman's "Application for Visa" form completed as no opportunity provided on form to exercise right to apply independently of husband for landing-Even if Ms. Abdirahman applied as "dependent [sic]" on application for visa exemption, not "dependant for whom landing is sought", since, as Convention refugee, having right to apply for landing independent of husband-Following questions certified: (1) Does phrase "and to any dependant for whom landing is sought" in Immigration Act, s. 46.04(3) apply only to those dependants for whom landing is sought who do not have a separate right to apply for landing independent of applicant; and (2) Can immigration officer refuse Convention refugee's application for landing pursuant to s. 46.04(1) where "dependent [sic]" for whom landing sought (by applicant) inadmissible to Canada as described in inadmissible class referred to in s. 46.04(3), where that dependant, as Convention refugee having independent entitlement under s. 46.04(1), to apply for landing and has concurrently done so?-Immigration Act, R.S.C., 1985, c. I-2, ss. 19(1)(l) (as am. by S.C. 1992, c. 49, s. 11), (1.1) (as enacted idem), 46.04(1) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 14; S.C. 1992, c. 48, s. 38), (3) (as am. idem)-Immigration Regulations, 1978, SOR/78-172, s. 2(1) "dependant" (as am. by SOR/92-101, s. 1).