CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Immigration Inquiry Process |
Canada (Minister of Citizenship and Immigration) v. Shote
IMM-5341-02
2004 FC 115, Beaudry J.
26/1/04
15 pp.
Judicial review of Immigration and Refugee Board's (Board) decision ordering release of respondent from detention pending removal from Canada, subject to certain conditions--Respondent, citizen of Sudan and Nigeria, acquiring refugee status before permanent residence provisionally approved--Subsequently criminal convictions in U.S.A. discovered--Applicant arrested, detained--Ordered released despite conclusion would likely not present himself for removal, because of superior interests of new-born child-- Evidence respondent fugitive from justice in another country not considered, although expressly listed for consideration in Immigration and Refugee Protection Regulations, s. 245(a)-- Court also considered fact respondent's Canadian wife laid charges against him for assault causing bodily harm--Mere fact wife laid charges against respondent tending to show ties to community in Canada not very strong--Best interest of children not factor mentioned in s. 245--Mere mention in decision not sufficient--Case at bar dealing with detention pending removal--S. 245(g) stipulates "the existence of strong ties to a community in Canada" may include presence of children but not superseding other factors listed in s. 245-- This factor not examined and weighed with other factors as required--Therefore, Board acted beyond jurisdiction by relying on irrelevant factor and by failing to take into account relevant one, and made unreasonable findings of fact-- Application allowed--Immigration and Refugee Protection Regulations, SOR/2002-227, s. 245.