Date: 20001123
Docket: IMM-5839-99
BETWEEN:
SUNDAY BUNMI AKINSOTO
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
HANSEN J.
[1] This is an application for judicial review of the November 24, 1999 decision of W.A. Sheppit, Minister's Delegate, that the applicant is a danger to the public pursuant to paragraph 46.01(1)(e) of the Immigration Act, R.S.C., c. I-2 (the "Act").
[2] The applicant, a citizen of Nigeria, entered the United States in 1979 or 1981 and was there illegally until 1988 when he obtained registered alien status under an amnesty program. In 1993, he was convicted for importing heroin for which he served an 18 month term of imprisonment. He was deported by the United States authorities to Nigeria in 1998. His spouse and children still reside in the United States.
[3] The applicant states that upon his arrival in Nigeria he was detained and tortured because of his religious activities in that country prior to leaving for the United States. He subsequently fled Nigeria and arrived in Canada in June 1999.
[4] The applicant, travelling on a Nigerian passport, attempted to enter Canada as a visitor on the basis of his registered alien status in the United States. He was detained for questioning and subsequently charged under paragraph 94(1)(b) of the Act. While being questioned, he recanted his wish to enter as a visitor, and indicated he wanted to be close to his family. He also indicated he wished to claim refugee status as he was afraid to return to Nigeria. He plead guilty to the charge under the Act and was subsequently issued a conditional Deportation Order.
[5] By letter dated October 7, 1999, Citizenship and Immigration Canada informed the applicant that it intended to request an opinion from the Minister of Citizenship and Immigration that he was a danger to the public pursuant to paragraph 46.01(1)(e) of the Act. He was provided with the material which was being submitted for consideration by the Minister. In response, submissions on behalf of the applicant were forwarded for consideration by the Minister's Delegate.
[6] On November 24, 1999, the Minister's Delegate issued his opinion that the applicant constituted a danger to the public. No reasons were provided for the decision. As a consequence, the applicant's refugee claim was not referred to the Immigration and Refugee Board and he was deported to Nigeria.
[7] One of the grounds for judicial review advanced on behalf of the applicant is that he was denied procedural fairness in not being provided with the reasons for the decision of the Minister's Delegate,
[8] The facts of the present case are very similar to those in Navarro v. Canada (Minister of Citizenship and Immigration), [2000] F.C.J. No. 1496 (FCTD). The issue before the Court, as in the present case, was whether reasons are required when an opinion is issued under paragraph 46.01(1)(e) of the Act. In that case, following a discussion with respect to the analytical framework regarding the need for reasons, Pelletier J. held "[a]s a result, given the importance of the decision for the individual and the fact that the decision is subject to judicial oversight, I find that reasons are required to be given."
[9] I agree with the reasons of Pelletier J. in Navarro and accordingly conclude that in the present case the applicant was denied procedural fairness.
[10] For these reasons, the application for judicial review will be allowed and the danger opinion dated November 24, 1999 will be set aside.
[11] Neither party submitted a question for certification.
ORDER
[12] The application for judicial review is allowed and the danger opinion dated November 24, 1999 is set aside.
"Dolores M. Hansen"
J.F.C.C.
Toronto, Ontario
November 23, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-5839-99 |
| STYLE OF CAUSE: SUNDAY BUNMI AKINSOTO |
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
| DATE OF HEARING: WEDNESDAY, NOVEMBER 22, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER
| AND ORDER BY: HANSEN J. |
DATED: THURSDAY, NOVEMBER 23, 2000
| APPEARANCES BY: Mr. Dariusz Wroblewski |
| For the Applicant |
| Mr. Martin Anderson |
For the Respondent
| SOLICITORS OF RECORD: Laurence Cohen |
Barrister & Solicitor
50 Richmond Street East, Suite 101
Toronto, Ontario
M5C 1N7
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20001123
Docket: IMM-5839-99
Between:
| SUNDAY BUNMI AKINSOTO |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER
| AND ORDER |