Bageh v. Canada (Minister of Citizenship and Immigration), (1999) 176 F.T.R. 290 (TD)

• Judge: Denault, J.
• Court: Federal Court (Canada)
• Case Date: November 04, 1999
• Jurisdiction: Canada (Federal)
• Citations: (1999), 176 F.T.R. 290 (TD)

Bageh v. Can. (M.C.I.) (1999), 176 F.T.R. 290 (TD)

MLB headnote and full text

Temp. Cite: [1999] F.T.R. TBEd. DE.069

Monthir (Mandzar) Ibrahim Bageh (applicant) v. The Minister of Citizenship and Immigration (respondent)

(IMM-6777-98)

Indexed As: Bageh v. Canada (Minister of Citizenship and Immigration)

Federal Court of Canada

Trial Division

Denault, J.

November 22, 1999.

Summary:

In April 1998, Bageh arrived in Canada from Iraq as a stowaway on a ship. On April 8, he reported to Immigration Canada to make a refugee claim and filled out a form called "notification of claim to be Conven­tion refugee". Thereafter, an Immigration officer recommended that Bageh be referred to a Senior Immigration officer to determine his eligibility to make a refugee claim. On May 1, Bageh attended the Immigration office and stated that due to general prob­lems he was facing he wanted to return to Iraq. On that day a departure order was issued. On May 4, Bageh changed his mind and he told the removals officer and his lawyer that he wanted to continue with his refugee claim. On December 10, Begeh's counsel applied to have Bageh's claim reopened. The removals officer dismissed the application. Bageh sought judicial review.

The Federal Court of Canada, Trial Di­vision, allowed the application.

Aliens - Topic 1327.1

Admission - Refugees - Abandonment of refugee claim - In April 1998, Bageh arrived in Canada - On April 8, he re­port­ed to Immigration Canada to make a refu­gee claim - He filled out a form called "notification of claim to be Convention refugee" - Thereafter, an immigration officer recommended that Bageh be referred to a Senior Immigration Officer (S.I.O.) to determine whether he was eli­gible to make the claim (Immigration Act, s. 44) - This was not done - On May 1, Bageh informed the immigration office that he wanted to return to Iraq - A de­parture order was issued - On May 4, Bageh changed his mind - Begeh's counsel applied to have Bageh's claim reopened - The removals officer dismissed the appli­cation stating, inter alia, that Bageh had not filed a claim; rather he only com­menced an intention to file a claim - Addi­tionally, once a departure order was issued, it was irreversible and its subject could not re-apply to become eligible to make a refugee claim - The Federal Court of Canada, Trial Division, allowed Bageh's judicial review application - The appli­cant's claim was never referred to a S.I.O. as required by the Act, s. 45 - Only the S.I.O. could determine if the claim could be re-opened and whether Bageh was entitled to have his claim heard by the Convention Refugee Division.

Cases Noticed:

Chan v. Canada (Minister of Citizenship and Immigration), [1996] 3 F.C. 349; 114 F.T.R. 247 (T.D.), refd to. [para. 8, footnote 6].

Tchassovnikov et al. v. Canada (Minister of Citizenship and Immigration) (1998), 152 F.T.R. 144 (T.D.), refd to. [para. 8, footnote 6].

Raman v. Canada (Minister of Citizenship and Immigration) (1996), 125 F.T.R. 50 (T.D.), refd to. [para. 8, footnote 7].

Daher v. Canada (Minister of Citizenship and Immigration) (1998), 153 F.T.R. 131 (T.D.), refd to. [para. 8, footnote 9].

Statutes Noticed:

Immigration Act, R.S.C. 1985, c. I-2, sect. 44, sect. 45 [para. 11].

Counsel:

Guy Riecken, for the applicant;

Garth Smith, for the respondent.

Solicitors of Record:

Guy Riecken, for the applicant.

Morris Rosenberg, Deputy Attorney Gen­eral of Canada, Ottawa, Ontario, for the respondent.

This application was heard at Vancouver, British Columbia, on November 4, 1999, by Denault, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on November 22, 1999.