Federal Court Decisions

Decision Information

Barreira v. Canada (Minister of Citizenship and Immigration)

Court (s) Database Federal Court Decisions
Date 2002-10-09
Neutral citation 2002 FCT 1053
File numbers IMM-5519-01

Decision Content

Date: 20021009

    Docket: IMM-5519-01

Neutral citation: 2002 FCT 1053

Toronto, Ontario, Wednesday, the 9th day of October, 2002

PRESENT:      The Honourable Madam Justice Layden-Stevenson

BETWEEN:

JOSE M. BARREIRA

(a.k.a. JOSE MANUEL BARREIRA)

Applicant

- and -

THE MINISTER

OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR ORDER AND ORDER

[1]                 The applicant seeks judicial review of the decision of the Immigration Appeal Division of

the Immigration and Refugee Board (the IAD) dated October 11, 2001. The IAD determined that: "the stay of removal is cancelled and that the appeal against the Deportation Order issued on September 22nd, 1995 is dismissed".


[2]                 The applicant alleges that the IAD breached the principles of natural justice by denying

him an adjournment and proceeding with the oral review of the terms and conditions of the stay, in the absence of counsel, when the record disclosed on its face that the applicant was incapable of representing himself.

[3]                 The court will not interfere with a discretionary decision of the IAD if the discretion has

been exercised bona fide, is uninfluenced by irrelevant considerations and is not exercised arbitrarily or illegally, even if the court might have decided otherwise.

[4]                 Despite the articulate and courteous submissions of counsel for the respondent, I have

been persuaded by the submissions of counsel for the applicant that the decision with respect to the adjournment was influenced by irrelevant considerations. Additionally, having carefully reviewed the transcript of the proceedings, I am satisfied that the applicant was prejudiced by not having been granted an adjournment and did not, in the circumstances, obtain a fair hearing. There was, therefore, a breach of natural justice.

[5]                 For these reasons, the application for judicial review is allowed and the matter is remitted

back for hearing by the IAD before a differently constituted panel.

[6]                 Counsel posed no question for certification. No question will be certified as this matter

raises no serious question of general importance.


ORDER

IT IS HEREBY ORDERED THAT:

7.                    The application for judicial review is allowed.

8.                    The matter is remitted back for hearing by the IAD before a differently constituted panel.

9.                    No question is certified.

"Carolyn Layden-Stevenson"      

line

J.F.C.C.                          

   

FEDERAL COURT OF CANADA

                                                                 TRIAL DIVISION

                              NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                 IMM-5519-01

STYLE OF CAUSE: JOSE M. BARREIRA

(a.k.a. JOSE MANUEL BARREIRA)

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                                     Respondent

                                                                                   

PLACE OF HEARING:         TORONTO, ONTARIO

DATE OF HEARING:           WEDNESDAY, OCTOBER 9, 2002

REASONS FOR ORDER

AND ORDER BY:                  LAYDEN-STEVENSON J.

DATED:                                    WEDNESDAY, OCTOBER 9, 2002

APPEARANCES:                    Mr. Bola Adetunji   

For the Applicant

Mr. Matthew Oomman

For the Respondent

SOLICITORS OF RECORD:

Mr. Bola Adetunji   

                                                   Barrister-At-Law     

Carlton on the Park

Suite 313-120 Carlton Street

Toronto, Ontario

M5A 4K2

For the Applicant             

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent


                    FEDERAL COURT OF CANADA

                                  TRIAL DIVISION

  

Date: 20021009

Docket: IMM-5519-01

BETWEEN:

JOSE M. BARREIRA

(a.k.a. JOSE MANUEL BARREIRA)

Applicant

- and -

   

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                  Respondent

                                                                           

REASONS FOR ORDER AND ORDER

                                                                           

   
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