Date: 19980218
Docket: IMM-600-97
MONTREAL, QUEBEC, THIS 18th DAY OF FEBRUARY 1998
PRESENT: THE HONOURABLE MR. JUSTICE NOËL
BETWEEN:
MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Applicant
AND
LOBA MIRANI
(Alias Loba Mirali),
Respondent
Application under section 82.1 of the Immigration Act for judicial review of the decision of Nicole Roy and Ayman Yassini, members of the Immigration and Refugee Board, dated February 11, 1997, in file M96-04503.
O R D E R
The application for judicial review is allowed.
"Marc Noël"
Judge
Certified true translation
C. Delon, LL.L.
Date: 19980218
Docket: IMM-600-97
BETWEEN:
MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Applicant
AND
LOBA MIRANI
(Alias Loba Mirali),
Respondent
REASONS FOR ORDER
NOËL J.
[1] The applicant is seeking judicial review of a decision of the Refugee Division under subsection 69.3(4) of the Immigration Act. In that decision, the Refugee Division refused to order cessation of the respondent's refugee status, which she had been given under the Act.
[2] The applicant contends that contrary to the requirements of subsection 69.3(1), the Refugee Division did not give him an opportunity to make representations and to present the evidence that he considered to be necessary. More precisely, [translation] "The Refugee Division did not grant the adjournment requested by him or an opportunity to make representations".1
[3] The applicant's argument is in part confirmed by the transcript. The Refugee Division did reject the application without hearing the applicant's representations, which would have included a request for an adjournment. In so doing, the Refugee Division acted contrary to the requirements of subsection 69.3(1) and the fundamental principles of natural justice.
[4] The application for judicial review is allowed and the matter is referred back to a differently constituted panel for rehearing.
"Marc Noël"
Judge
Certified true translation
C. Delon, LL.L.
FEDERAL COURT - TRIAL DIVISION
Date: 19980218
Docket: IMM-600-97
Between:
MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Applicant
AND
LOBA MIRANI
(Alias Loba Mirali),
Respondent.
REASONS FOR ORDER
FEDERAL COURT - TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IIMM-600-97
| STYLE OF CAUSE: MINISTER OF CITIZENSHIP AND |
| IMMIGRATION, |
Applicant
AND
LOBA MINANI
(Alias Loba Mirali),
Respondent.
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: February 17, 1998
REASONS FOR ORDER OF: The Honourable Mr. Justice Noël
Dated: February 18, 1998
APPEARANCES:
Michèle Joubert for the applicant
Jacques Beauchemin for the respondent
SOLICITORS OF RECORD:
George Thomson
Deputy Attorney General
of Canada
Ottawa, Ontario for the applicant
Alarie, Legault, Beauchemin,
Paquin, Jobin & Brisson
Montréal, Quebec for the respondent
__________________1 Paragraph 27 of the Applicant's Supplementary Factum.