CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Alabi v. Canada (Minister of Citizenship and Immigration)
IMM-641-00
2001 FCT 140, Muldoon J.
2/3/01
6 pp.
Judicial review of Post-Claim Determination Officer (PCDO) applicant not eligible to apply to Post-Determination Refugee Claimants in Canada Class (PDRCC) program because application late--Applicant citizen of Nigeria--On April 13, 1999 Convention Refugee Determination Division (CRDD) rendering negative oral decision--On May 25, 1999 issuing written decision--On June 9, 1999 registrar signing notice of determination, mailed it to applicant--Applicant received notice on June 22, 1999--On July 9, applicant applied by fax for eligibility under PDRCC--PCDO informing him by letter application would not be considered because applicant not applying within 15 days of CRDD decision--Immigration Regulations, s. 11.4(2) stating person whom Refugee Division determining not Convention refugee, must apply for determination of whether member of PDRCC class not later than 15 days after day person notified of determination by Refugee Division--Immigration Act, s. 2(4) deeming person notified of decision under Act where person entitled to written reasons seven days after day on which written reasons sent by mail--Applicant submitting seven-day time period rebuttable--Relying on statement by Lorne Waldman in Immigration Law and Practice, Vol. 2, Toronto: Butterworths, at 15.24 that if claimant showing, through no fault of own, notification not received within seven-day time period, and did apply within 15 days of receiving notification, arguable application would have complied with requirement of s. 11.4(2)(b)--Application allowed--Application for Post-Claim Determination status referred to different PCDO for determination on merits in accord with principles of decision--Immigration Regulations, 1978, SOR/78-172, s. 11.4(2) (as am. by SOR/97-182, s. 5)--Immigration Act, R.S.C., 1985, c. I-2, s. 2(4) (as am. by S.C. 1992, c. 49, s. 1).