The responding party, a Convention refugee, was convicted in absentia of drug trafficking in Albania.
Upon discovering the conviction, the Minister of Immigration, Refugees and Citizenship applied to vacate his refugee protection.
The responding party brought an application in the Superior Court seeking declarations that his foreign conviction was invalid and should not preclude him from obtaining Canadian status or benefits.
The moving party (Attorney General) brought a motion to permanently stay the Superior Court application.
The court granted the motion and stayed the application, finding that the matter was fundamentally an immigration dispute and that the Federal Court and the Immigration and Refugee Board were the appropriate forums to address the issues.
