Turanskaya v. Canada ( Minister of Citizenship and Immigration )
A-713-95
Stone J.A.
4/3/97
4 pp.
Question certified by F.C.T.D., arising out of respondent's application for judicial review of Refugee Division decision respondent not Convention refugee although fear of persecution in Cuba well-founded-Appellant contending Federal Court Act, s. 18.1(3)(b) did not invest Trial Division with jurisdiction to refer matter back to Refugee Division on basis it declare respondent to be Convention refugee-"Directions" Trial Division authorized to give under s. 18.1(3)(b) will vary with circumstances of particular case-Only issue to be resolved by Trial Division whether Refugee Division had erred in law in determining respondent not to be Convention refugee because of her former habitual residence in Ukraine-No issue with respect to findings of fact unresolved-Simpson J. exercised discretion within limits of s. 18.1(3)(b) by leaving final determination to Refugee Division on basis that, with error of law corrected, it declare respondent to be Convention refugee-Certified question answered in affirmative-Appeal dismissed-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).