Date: 19980702
Docket: IMM-2592-97
BETWEEN:
MARCELO CARRIO
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
ROTHSTEIN, J.
1 This is a judicial review of a decision of the Immigration Appeal Division not to re-open the Applicant's appeal. There are two issues:
1.Did the applicant have notice of a November 27, 1995 hearing at which the stay of his removal order was cancelled, his appeal dismissed and his removal order ordered to be executed as soon as possible.
2.Did the Immigration Appeal Division have proper regard for facts arising subsequent to its November 27, 1995 decision.
2 On the notice issue, the applicant had, on July 22, 1992 provided the Immigration and Refugee Board with his address at 180 Mississauga Valley Blvd, apartment 165, Mississauga, Ontario L5A 3M2. This was his mother's address. Subsequently he received a notice of a June 28, 1993 hearing addressed to 16 Benjamin Boake Trail, Downsview. At the June 28, 1993 hearing he provided a new address being 18 Rodeo Drive, Thornhill, Ontario L4J 4X9.
3 Notice of the November 27, 1995 hearing was sent to 18 Rodeo Drive. The applicant says that by this time he had moved back to his mother's at 180 Mississauga Valley Blvd and he did not received the notice and did not appear at the November 27 hearing. He said he thought the written notification of his mother's address in 1992 governed and that all documents would be sent to him there where he would be sure to receive them.
4 The applicant appears to have moved around quite a bit between 1992 and 1995. A condition of the stay of his removal order had been that he report any change of address within 48 hours to the Canada Immigration Centre. He obviously did not do this after he moved from 18 Rodeo Drive. He seems to be saying that the Minister should have known that he expected service to be made on him at 180 Mississauga Valley Blvd. However the Minister is not clairvoyant. The obligation to notify a change of address is to ensure, amongst other things, that notices of hearings are effectively served. The applicant did not provide his change of address. The applicant is the author of his own misfortune. There was no obligation on the Minister to serve the applicant at his mother's address as he the last address he provided was 18 Rodeo Drive.
5 The applicant says that his removal order was sent to him at 180 Mississauga Valley Blvd. However there is no evidence before the Court as to how and why that Order was sent to the Mississauga address. The fact that it was does not absolve the applicant from the responsibility of keeping the Canada Immigration Centre informed of his current address at all times.
6 Then the applicant says that the Immigration Appeal Division should have re-opened his appeal based upon his activities as an informant for the police which had not been disclosed to the Board previously and his marriage which took place on February 28, 1996. The evidence is that he acted as an informant from 1990 onward. This is information that could have been provided at his 1993 stay proceeding as well as at the 1995 proceeding. It is not information arising subsequent to his appeal hearing on November 27, 1995. Although his marriage took place after November 27, 1995, it appears that he knew his wife in and after 1992. He does not say that the impending marriage was not known before November 27, 1995. I am not satisfied that the information in question could not have been provided at his November 27, 1995 hearing had he been in attendance at it.
7 The judicial review must be dismissed.
"Marshall Rothstein"
Judge
Toronto, Ontario
July 2, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2592-97
STYLE OF CAUSE: MARCELO CARRIO
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
DATE OF HEARING: JUNE 30, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN, J.
DATED: JULY 2, 1998
APPEARANCES:
Mr. Robert Labossière
For the Applicant
Mr. Godwin Friday
For the Respondent
SOLICITORS OF RECORD:
Robert Labossière
303-489 College Street
Toronto, Ontario
M6G 1A5
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980702
Docket: IMM-2592-97
Between:
MARCELO CARRIO
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER