Date: 19981008
Docket: IMM-4621-97
BETWEEN:
EDOBOR ALFRED AJOSE
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT
McGILLIS J.
[1] The applicant has challenged by way of judicial review the decision of an immigration officer, in which he refused to seek authorization to issue a Minister's permit to enable the applicant to remain in Canada.
[2] In his letter of refusal dated October 17, 1997, the immigration officer stated that he had considered the applicant's relationship with his wife, as well as his business in Canada. However, the immigration officer concluded that he was not prepared to make a favourable recommendation, given that the applicant's criminal history demonstrated "...a tendency towards violence."
[3] Despite the able submissions of counsel for the applicant, I have not been persuaded that the immigration officer breached the duty of fairness or committed any other error in refusing to seek authorization to issue a Minister's permit to enable the applicant to remain in Canada.
[4] With respect to the duty of fairness, I note that the immigration officer met with the applicant and his counsel, who is very experienced in immigration matters. During the course of the interview, the applicant's counsel made submissions in support of the applicant's application for landing in Canada as a permanent resident on humanitarian and compassionate grounds. The immigration officer invited the applicant to file further documentation, and he availed himself of the opportunity to do so.
[5] In the circumstances, I am satisfied that the immigration officer fully complied with the duty of fairness. I am further satisfied that the applicant has failed to establish that the immigration officer erred in law, proceeded on a wrong or improper principle or acted in bad faith in making his discretionary decision in this matter.
[6] The application for judicial review is dismissed. The case raises no serious question of general importance.
"D. McGillis"
Judge
TORONTO, ONTARIO
October 8, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-4621-97
| STYLE OF CAUSE: ADOBOR ALFRED AJOSE |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: WEDNESDAY, OCTOBER 7, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: McGILLIS, J.
DATED: THURSDAY, OCTOBER 8, 1998
APPEARANCES:
Mr. Robin Morch
For the Applicant
Ms. Geraldine MacDonald
For the Respondent
SOLICITORS OF RECORD: Robin Morch
601-130 Bloor St. W.
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19981008
Docket: IMM-4621-97
Between:
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR JUDGMENT
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