Canada (Minister of Citizenship and Immigration) v. Mirani, docket IMM-600-97

     Date: 19980218

     Docket: IMM-600-97

MONTREAL, QUEBEC, THIS 18th DAY OF FEBRUARY 1998

PRESENT:          THE HONOURABLE MR. JUSTICE NOËL

BETWEEN:

     MINISTER OF CITIZENSHIP

     AND IMMIGRATION,

     Applicant

     AND

     LOBA MIRANI

     (Alias Loba Mirali),

     Respondent

     Application under section 82.1 of the Immigration Act for judicial review of the decision of Nicole Roy and Ayman Yassini, members of the Immigration and Refugee Board, dated February 11, 1997, in file M96-04503.

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     O R D E R

     The application for judicial review is allowed.

                                         "Marc Noël"

                                         Judge

Certified true translation

C. Delon, LL.L.

     Date: 19980218

     Docket: IMM-600-97

BETWEEN:

     MINISTER OF CITIZENSHIP

     AND IMMIGRATION,

     Applicant

     AND

     LOBA MIRANI

     (Alias Loba Mirali),

     Respondent

     REASONS FOR ORDER

NOËL J.

[1]      The applicant is seeking judicial review of a decision of the Refugee Division under subsection 69.3(4) of the Immigration Act. In that decision, the Refugee Division refused to order cessation of the respondent's refugee status, which she had been given under the Act.

[2]      The applicant contends that contrary to the requirements of subsection 69.3(1), the Refugee Division did not give him an opportunity to make representations and to present the evidence that he considered to be necessary. More precisely, [translation] "The Refugee Division did not grant the adjournment requested by him or an opportunity to make representations".¹

[3]      The applicant's argument is in part confirmed by the transcript. The Refugee Division did reject the application without hearing the applicant's representations, which would have included a request for an adjournment. In so doing, the Refugee Division acted contrary to the requirements of subsection 69.3(1) and the fundamental principles of natural justice.

[4]      The application for judicial review is allowed and the matter is referred back to a differently constituted panel for rehearing.

                                         "Marc Noël"

                                         Judge

Certified true translation

C. Delon, LL.L.

     FEDERAL COURT - TRIAL DIVISION

     Date: 19980218

     Docket: IMM-600-97

Between:

     MINISTER OF CITIZENSHIP

     AND IMMIGRATION,

     Applicant

     AND

     LOBA MIRANI

     (Alias Loba Mirali),

     Respondent.

    

     REASONS FOR ORDER

    

     FEDERAL COURT - TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:      IIMM-600-97

STYLE OF CAUSE:      MINISTER OF CITIZENSHIP AND

IMMIGRATION,

     Applicant

         AND

         LOBA MINANI

         (Alias Loba Mirali),

     Respondent.

PLACE OF HEARING:      Montréal, Quebec

DATE OF HEARING:      February 17, 1998

REASONS FOR ORDER OF:      The Honourable Mr. Justice Noël

Dated:          February 18, 1998

APPEARANCES:

     Michèle Joubert          for the applicant

     Jacques Beauchemin          for the respondent

SOLICITORS OF RECORD:

     George Thomson     

     Deputy Attorney General

     of Canada

     Ottawa, Ontario          for the applicant

     Alarie, Legault, Beauchemin,

     Paquin, Jobin & Brisson

     Montréal, Quebec          for the respondent

__________________

¹ Paragraph 27 of the Applicant's Supplementary Factum.