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     Date: 19980610

     Docket: IMM-3151-97

Ottawa, Ontario, the 10th day of June 1998

Present:      The Honourable Mr. Justice Pinard

Between:

     JACQUES TAMRAZO

     Applicant

     - and -

     MINISTER OF CITIZENSHIP

     AND IMMIGRATION

     Respondent

     ORDER

     The application for judicial review of the decision of the Appeal Division of the Immigration and Refugee Board dated July 10, 1997, dismissing the applicant"s appeal from a visa officer"s decision refusing the applicant"s parents" sponsored application for landing for failure to obtain the ministerial consent required by subsection 55(1) of the Immigration Act , is dismissed.

                             YVON PINARD

                             JUDGE

Certified true translation

Peter Douglas

     Date: 19980610

     Docket: IMM-3151-97

Between:

     JACQUES TAMRAZO

     Applicant

     - and -

     MINISTER OF CITIZENSHIP

     AND IMMIGRATION

     Respondent

     REASONS FOR ORDER

PINARD J.:

[1]      This is an application for judicial review of a decision of the Appeal Division of the Immigration and Refugee Board (the IAD) dated July 10, 1997, dismissing the applicant"s appeal from a visa officer"s decision refusing the sponsored application for landing made by the applicant"s parents, Boutros Tamrazo and Hayat Barghous, for failure to obtain the ministerial consent required by subsection 55(1) of the Immigration Act (the Act).

[2]      Subsection 55(1) of the Act reads as follows:

55. (1) Subject to section 56, where a deportation order is made against a person, the person shall not, after he is removed from or otherwise leaves Canada, come into Canada without the written consent of the Minister unless an appeal from the order has been allowed.

55. (1) Sous réserve de l'article 56, quiconque fait l'objet d'une mesure d'expulsion ne peut plus revenir au Canada sans l'autorisation écrite du ministre, sauf si la mesure est annulée en appel.

[3]      On January 2, 1996, the visa officer refused the applicant"s parents" sponsored application for permanent residence because of the deportation order made against his mother on April 15, 19921 and because of the fact that his mother had not obtained the ministerial consent required by subsection 55(1), supra. The applicant and his mother did not apply for ministerial consent until February 3 and 12, 1996.

[4]      The IAD dismissed the applicant"s appeal on the ground that no steps had been taken under subsection 55(1) of the Act until the visa officer refused the application for permanent residence.

[5]      Between the application for visas and the visa officer"s letter of refusal, that is, between March 20, 1994 and January 2, 1996, the applicant and his mother made no attempt to obtain the required ministerial consent. Given this lengthy period of time, in which they could certainly have complied with subsection 55(1) of the Act, I agree with the IAD that, in the circumstances, their ignorance of the law could not be considered to be a valid excuse. Malik v. Canada (M.E.I.) , 4 Imm.L.R. (2d) 241, and Bridgemohan v. Canada (M.C.I.) (1996), 109 F.T.R. 32, on which the applicant relies, are not applicable in the case at bar, since they deal with situations where the person making the application for permanent residence had taken steps to request ministerial consent before the visa officer"s decision was rendered. I am also of the view, like my colleague Mr. Justice Gibson in Bridgemohan v. Canada (M.C.I.) (1995), 103 F.T.R. 62, that here, by analogy, the visa officer was in no way obliged to seek the ministerial consent in question on behalf of the applicant and his mother.

[6]      In the result, although I feel great sympathy for the applicant and his mother, the application for judicial review must be dismissed, without certification under subsection 83(1) of the Act.

                             YVON PINARD

                             JUDGE

OTTAWA, ONTARIO

June 10, 1998

Certified true translation

Peter Douglas

     FEDERAL COURT OF CANADA

     TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO.:              IMM-3151-97

STYLE OF CAUSE:          JACQUES TAMRAZO v. MCI

PLACE OF HEARING:      Montréal, Quebec

DATE OF HEARING:      June 2, 1998

REASONS FOR ORDER BY Pinard J.

DATED              June 10, 1998

APPEARANCES:

Jacques Tamrazo                              FOR THE APPLICANT

Daniel Latulippe                              FOR THE RESPONDENT

SOLICITORS OF RECORD:

Jacques Tamrazo                              FOR THE APPLICANT

Montréal, Quebec

George Thomson                              FOR THE RESPONDENT

Deputy Attorney General of Canada

__________________

1      That deportation order was not challenged and the applicant"s mother was in fact deported on April 29, 1992.

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