Sumaida v. Canada (Minister of Citizenship and Immigration), (1995) 116 F.T.R. 1 (TD)

• Judge: Simpson, J.
• Court: Federal Court (Canada)
• Case Date: November 10, 1995
• Jurisdiction: Canada (Federal)
• Citations: (1995), 116 F.T.R. 1 (TD)

Sumaida v. Can. (M.C.I.) (1995), 116 F.T.R. 1 (TD)

MLB headnote and full text

Hussein Ali Sumaida (applicant) v. The Minister of Citizenship and Immigration (respondent)

(A-947-92)

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

Federal Court of Canada

Trial Division

Simpson, J.

November 10, 1995.

Summary:

The Convention Refugee Determination Division determined that Sumaida was excluded from claiming Convention refugee status because of his possible involvement in crimes against humanity. Sumaida applied for judicial review.

The Federal Court of Canada, Trial Division, allowed the application and remitted the matter for reconsideration.

Aliens - Topic 1330.2

Admission - Refugees - Disqualifications - Crimes against humanity - Sumaida was a citizen of Iraq and Tunisia - As a student in England he allegedly reported to the Iraqi secret police the names of members of the Al Da'wa, a group opposed to Saddam Hussein, although Al Da'wa party members (targets) were to be killed - A refugee tribunal held that he was excluded from claiming Convention refugee status because of crimes against humanity - Sumaida argued that there was no proof that the targets were harmed and therefore no crimes against humanity were established - The Federal Court of Canada, Trial Division, held that the tribunal made no reviewable error on this issue, but ordered a reconsideration of the case respecting, inter alia, whether the Al Da'wa members were civilians within the definition of crimes against humanity.

Cases Noticed:

Sivakumar v. Minister of Employment and Immigration, [1994] 1 F.C. 433; 163 N.R. 197 (F.C.A.), refd to. [para. 10].

Ramirez v. Minister of Employment and Immigration, [1992] 2 F.C. 306; 135 N.R. 390 (F.C.A.), refd to. [para. 17].

Statutes Noticed:

United Nations Convention Relating to the Status of Refugees, art. 1F [para. 1].

Counsel:

D. Lehrer, for the applicant;

J. Loncar, for the respondent.

Solicitors of Record:

D. Lehrer, Toronto, Ontario, for the applicant;

George Thomson, Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This application was heard in Toronto, Ontario, on November 10, 1995, before Simpson, J., of the Federal Court of Canada, Trial Division, who delivered the following decision orally from the bench on the same date and filed an edited transcript of the reasons for judgment on August 14, 1996.