Citizenship and Immigration
Exclusion and Removal
Inadmissible Persons
Judicial review of Minister’s delegate’s decision under Immigration and Refugee Protection Act, R.S.C., 1985, c. I-2, s. 44(2) referring applicant to admissibility hearing—Applicant becoming permanent resident of Canada under DC-8 refugee backlog class—Sentenced to five years for drug trafficking—S. 44(1) Report prepared, subsequent Highlights Report recommending admissibility hearing, deportation order, but noting applicant could not be removed unless found to be danger because granted refugee status—Upon review, Acting Director noting on Report applicant not Convention refugee—Further report noting applicant not determined to be refugee—Minister’s delegate considering both Reports before making decision—Error in Highlights Report corrected before reached Minister’s delegate—Documents referenced in Highlights Report reasonably expected to be in applicant’s possession—Minister’s delegate’s note indicating read all submissions in two very detailed reports—Sufficient for applicant to conclude seriousness of crimes reason for referral —Application dismissed.
Chand v. Canada (Minister of Public Safety and Emergency Preparedness) (IMM-4433-07, 2008 FC 548, Zinn J., judgment dated June 4, 2008, 12 pp.)