Date: 19971216
Docket: IMM-1057-96
Winnipeg, Manitoba, Tuesday, this 16th day of December, 1997
PRESENT: THE HONOURABLE MR. JUSTICE ROTHSTEIN
BETWEEN:
JOSE LUIS CORREIRA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ORDER
The application for judicial review is dismissed.
"Marshall E. Rothstein"
Judge
Date: 19971216
Docket: IMM-1057-96
BETWEEN:
JOSE LUIS CORREIRA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
ROTHSTEIN, J.
[1] On this subsection 70(5) of the Immigration Act case there are two issues. The first is whether the Minister received all the material which was submitted in response to the Minister's invitation for submissions from the applicant. The evidence is not beyond doubt either way. However, the problem seems to have arisen by a portion of the materials on behalf of the applicant initially being sent to the wrong recipient, those materials being returned in disarray and an assistant making a fresh copy of all material from the file. The assistant said there was a "slim possibility" that she did not forward all the material to the Minister. The respondent's deponent simply says that he received 29 pages of material which did not include all the material the applicant says was submitted. There is no reason for the Minister's officials not providing all information received to the Minister and no evidence of negligence or carelessness on the part of the Minister's officials. On a balance of probabilities I have to conclude that the material in question was not submitted and there was no denial of procedural fairness in the Minister deciding the matter on the material before him.
[2] The second issue is whether, in view of the fact the applicant had been convicted of murder and is not eligible for parole until the year 2011, the Minister's danger opinion is invalid for prematurity. Nothing in subsection 70(5) precludes issuance of a danger opinion when an applicant is in jail [see Gillespie v. MCI, IMM-1046-96, August 20, 1997]. Nor does subsection 70(5) suggest that the Minister is without power to exercise her discretion under that subsection at any time. It seems somewhat incongruous to think that the Minister could not exercise her discretion with respect to a danger opinion in respect of a person convicted of an offence so serious that he is ineligible for parole for 15 years, but not be so constrained in respect of persons convicted of less serious crimes.
[3] The application for judicial review is dismissed.
"Marshall E. Rothstein"
Judge
Winnipeg, Manitoba
December 16, 1997
Date: 19971216
Docket: IMM-1057-96
BETWEEN:
JOSE LUIS CORREIRA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Heard at Winnipeg, Manitoba, December 16, 1997
Order delivered at Winnipeg, Manitoba, December 16, 1997
REASONS FOR ORDER BY: ROTHSTEIN, J.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-1057-96
STYLE OF CAUSE: JOSE LUIS CORREIRA
v.
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Winnipeg, Manitoba
DATE OF HEARING: December 16, 1997
REASONS FOR ORDER
OF THE COURT: ROTHSTEIN, J.
DATED: December 16, 1997
APPEARANCES:
Renata Krause for the Applicant
Duncan Fraser for the Respondent
Dept. of Justice
301-310 Broadway
Winnipeg, Manitoba
SOLICITORS OF RECORD:
Renata Krause
Barrister & Solicitor for the Applicant
635 Broadway
Winnipeg, Manitoba
R3C 0X1
Mr. George Thomson, Q.C.
Deputy Attorney General of Canada for the Respondent
FEDERAL COURT OF TRIAL
Date: 19971216
Docket: IMM-1057-96
BETWEEN:
JOSE LUIS CORREIRA
-and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
REASONS FOR ORDER
Email this Content