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Date: 20000815


Docket: IMM-5938-99

Toronto, Ontario, Tuesday the 15th day of August, 2000

PRESENT:      The Honourable Mr. Justice MacKay


BETWEEN:


ZIA KHAWAR CHAUDHRY (CHAUHDRY)


Applicant



-and-



THE MINISTER OF

CITIZENSHIP AND IMMIGRATION


Respondent



     ORDER

     Upon application for judicial review and for an order to set aside the decision of the Convention Refugee Determination Division, dated October 5, 1999, whereby it was determined that the applicant is not a Convention refugee;

     Upon hearing counsel for the parties this day in Toronto and upon consideration of submissions made;

     IT IS ORDERED THAT:

1.      The application is allowed.


  1. .      The impugned decision is set aside and the matter is referred to the Convention Refugee Determination Division for reconsideration by a different panel.

                                 "W. Andrew MacKay"

     J.F.C.C.



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