Date: 19990615
Docket: IMM-511-98
IMM-568-98
BETWEEN:
JASON ANTHONY MCKENNA,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Respondent.
REASONS FOR ORDER
TEITELBAUM J.
[1] This judicial review is of a decision of a delegate of the respondent dated January 13, 1998 to reject the application of the applicant for processing from within Canada on humanitarian and compassionate (H & C) grounds (file IMM-511-98) and of a decision dated January 28, 1998 that the applicant failed to comply with the requirement of subsection 9(1) of the Immigration Act that every immigrant to Canada shall make an application for and obtain a Visa before that person appears at a port of entry.
[2] The hearing of the judicial review application took place on June 15, 1999.
[3] After the hearing, I stated that I would dismiss both applications for judicial review.
[4] The main issue in both applications was to determine whether the applicant was denied the right to counsel and whether or not the applicant was denied the right to present whatever evidence he wished to present.
[5] Although counsel for the applicant made a valiant effort in presenting the applicant's case, I can find nothing in the evidence to convince me that the applicant was not represented by counsel nor that he was prevented from presenting any evidence.
[6] At both the H & C hearing and at the subsection 9(1) of the Act hearing, the applicant had the interview in the presence of a lawyer. The applicant states that the lawyer was not acting on his behalf. I am satisfied that this is not the case. At no time did the applicant ask counsel to leave. At no time did the applicant tell the Immigration Officer that the lawyer who was present was not his counsel.
[7] With regard to the subsection 9(1) hearing, the applicant admits that he entered Canada, with his family and that no one had obtained a Visa to enter Canada as an immigrant.
[8] In fact the applicant admits that he was living in Canada and working in Canada illegally.
[9] The applications for judicial review are denied.
[10] No question was submitted for certification.
(Sgd.) "Max M. Teitelbaum"
Judge
Vancouver, British Columbia
June 15, 1999
FEDERAL COURT TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NOs.: IMM-511-98
| IMM-568-98 |
STYLE OF CAUSE: Jason Anthony McKenna
v.
MCI
PLACE OF HEARING: Vancouver, British Columbia
REASONS FOR ORDER OF TEITELBAUM J.
dated June 15, 1999
APPEARANCES BY:
| Marlene Tyshynski for the Applicant |
| Ms. Brenda Carbonell for the Respondent |
SOLICITORS OF RECORD:
| Marlene Tyshynski for the Applicant |
Barrister & Solicitor
Vancouver, BC
Morris Rosenberg for the Respondent
Deputy Attorney General
of Canada