A-1055-96
STRAYER, J.A.
MacGUIGAN, J.A.
B E T W E E N:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Appellant
(Respondent in the
Trial Division)
-and-
ANTONIO CARLOS CALABRESE
Respondent
(Applicant in the
Trial Division)
HEARD at Toronto, Ontario, Wednesday, September 3, 1997.
JUDGMENT delivered from the Bench at Toronto, Ontario, on Wednesday, September 3, 1997.
REASONS FOR JUDGMENT OF THE COURT BY: STONE, J.A.
A-1055-96
STRAYER, J.A.
MacGUIGAN, J.A.
B E T W E E N:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Appellant
(Respondent in the
Trial Division)
-and-
ANTONIO CARLOS CALABRESE
Respondent
(Applicant in the
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
Wednesday, September 3, 1997)
STONE, J.A.:
This is an appeal from an order of the Trial Division pursuant to which it was determined that the opinion of the Minister's delegate under subsection 70(5) of the Immigration Act be set aside and the matter returned to the Minister with a direction that reasons for the decision be given.
The question certified by the Trial Division reads:
| |
In the absence of a statutory requirement to give reasons, does the failure of the Minister to give reasons, in rendering a subsection 70(5) danger opinion, violate the principles of procedural fairness and natural justice? |
|
In our view, this question must be answered in the negative for the reasons that were given by this Court in the subsequent decision of Williams v. Canada (Minister of Citizenship and Immigration), [1997] F.C.J. No. 393. We are not persuaded the decision in that case can be distinguished from the case at bar.
Accordingly, the appeal will be allowed, the certified question answered in the negative and the order of the Trial Division of December 20, 1996 set aside.
"A.J. Stone"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: A-1055-96
STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
- and -
ANTONIO CARLOS CALABRESE
DATE OF HEARING: SEPTEMBER 3, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT: STONE, J.A.
Delivered from the Bench at Toronto, Ontario
on Wednesday September 3, 1997
APPEARANCES:
Ms. Leena Jaakkimainen
For the Appellant
Mr. James Carlisle
For the Respondent
SOLICITORS OF RECORD:
George Thomson
Deputy Attorney General
of Canada
For the Appellant
Beard, Carlisle
75 Lowther Avenue
Toronto, Ontario
M5R 1C9
For the Respondent
FEDERAL COURT OF CANADA
Court No.: A-1055-96
Between:
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Appellant
- and -
ANTONIO CARLOS CALABRESE
Respondent
REASONS FOR JUDGMENT
OF THE COURT
Email this Content