IMM-2581-96
BETWEEN:
HAO
VI LAM
(a.k.a.
VI HAO LAM)
Applicant
-
AND -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
REASONS
FOR ORDER
McKEOWN J.
The
applicant, a citizen of Vietnam, seeks judicial review of a decision of the
Immigration Appeal Division of the Immigration and Refugee Board (the Appeal
Division) dated March 1, 1996 dismissing the applicant's appeal from his
deportation order for lack of jurisdiction.
The
issue raised by the applicant is whether the Appeal Division continues to have
jurisdiction to hear his appeal despite the issuance of a "danger to the
public" opinion by the Minister if the hearing is commenced before the
Minister renders his or her opinion. On November 14, 1994, a deportation order
was made against the applicant. On November 15, 1994, the applicant filed an
appeal of the deportation order to the Appeal Division pursuant to section 70
of the Immigration Act. A hearing date was set for October 13, 1995.
However, three months earlier, on July 10, 1995 the "danger to the
public" opinion was issued by the Minister. In Tsang v. The Minister
of Citizenship and Immigration, February 11, 1997, Court File A-179-96 at 6
(F.C.A.), the Federal Court of Appeal upheld the Trial Division's decision:
... for the right of appeal to be
preserved the hearing must be commenced before the coming into force of the
provision ...
Since
the hearing was scheduled to begin on October 13, 1995, the hearing was not
commenced when the subsection came into force, therefore, the Minister was
entitled to file her opinion at the time she did. The Appeal Division was
correct in dismissing the appeal for lack of jurisdiction.
The
application for judicial review is dismissed.
_______________________________
Judge
OTTAWA, ONTARIO
July 30, 1997
Email this Content