CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Inadmissible Persons |
Nagularajah v. Canada (Minister of Citizenship and Immigration)
A-450-99
Noël J.A.
16/11/00
5 pp.
Appeal from F.C.T.D. decision ((1999), 171 F.T.R. 125) dismissing application for judicial review of IRB Appeal Division (IRBAD) decision dismissing appeal from deportation order--Question certified (and answered in negative) by T.D. Judge: whether IRBAD exceeded jurisdiction in considering public safety in appeal of deportation order under Immigration Act, s. 70(3)(b) appeal from removal on ground of compassionate and humanitarian considerations--Appeal dismissed--In determining whether H & C grounds to stop removal from Canada, open to IRBAD to take into account any fact relevant to assessment--Already decided in Barrera v. Canada (Minister of Employment and Immigration), [1993] 2 F.C. 3 (C.A.) IRBAD may consider seriousness of past criminal offences in making assessment--Act, s. 70(5) (designed to accelerate removal from Canada of persons found to constitute danger to public, by taking away right of appeal) of no assistance to appellant--Limitation of right of appeal in these circumstances manifestly not evidence of legislative intent to disregard public safety as relevant consideration under other provisions of Act--Finally, appellant went beyond certified question in arguing IRBAD misconstrued evidence before it regarding appellant's risk of re-offending--IRBAD manifestly considered all factors connected with rehabilitation of appellant--While appellant disagreeing with conclusion reached by IRBAD, unable to show conclusion unreasonable or patently unreasonable--Immigration Act, R.S.C., 1985, c. I-2, ss. 70(3)(b) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18), (5) (as am. by S.C. 1995, c. 15, s. 13).