CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Figueroa v. Canada (Minister of Citizenship and Immigration)
A-138-00
2001 FCA 112, Desjardins J.A.
6/4/01
5 pp.
Appeal from Trial Division judgment ((2000), 181 F.T.R. 242) which certified following question: under decision-making power conferred by Immigration Act, s. 46.04(3), can immigration officer refuse without intervention of adjudicator to grant landing to person concerned and dependants on ground not persuaded any of them covered by Act, s. 19(1)(j)--In case at bar, Act expressly gives immigration officer jurisdiction required to make decision on eligibility of applicant for landing in Canada--Immigration officer therefore had jurisdiction to grant or deny appellant's landing--Could "on reasonable grounds" conclude any of them should be excluded based on second part of Act, s. 19(1)(j)--Evidence allowed him to conclude one of appellants person covered by Act, s. 19(1)(j)--Affirmative answer to question certified--Appeal dismissed--Immigration Act, R.S.C., 1985, c. I-2, s. 19(1)(j) (as am. by R.S.C., 1985 (3rd Supp.), c. 30, s. 3), 46.04 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 14; S.C. 1992, c. 1, s. 143; c. 49, s. 38).