[2018] 1 F.C.R. F-7
Citizenship and Immigration
Immigration Practice
Summons — Judicial review of decision by Immigration and Refugee Board of Canada, Immigration Appeal Division (IAD) compelling applicant to testify at hearing before IAD — Applicant citizen of China, becoming permanent resident in 2006 — Canada Border Services Agency issuing inadmissibility report under Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 44(1) alleging applicant working for foreign intelligence, security agencies — Immigration Division (ID) concluding applicant not inadmissible — On appeal before IAD, applicant declining to testify — IAD concluding having authority to compel applicant to testify pursuant to Act, s. 174(2), Immigration Appeal Division Rules, SOR/2002-230, r. 38 — Summoning applicant to appear, testify — Applicant contending right to liberty under Charter, s. 7 engaged — Whether application for judicial review premature as IAD decision interlocutory — Applicant relying on decision in Canada (Minister of Public Safety and Emergency Preparedness) v. Kahlon, 2005 FC 1000, [2006] 3 F.C.R. 493 (Kahlon) wherein Federal Court holding that damage to privacy of witness constituting special circumstances warranting Court’s intervention on interlocutory decision to issue summons — Application premature — Kahlon distinguishable from present case — Scope of permissible “exceptional circumstances”, i.e. situations requiring immediate review of decision despite its interlocutory nature, extremely narrowed since C.B. Powell Limited v. Canada (Border Services Agency), 2010 FCA 61, [2011] 2 F.C.R. 332 — Applicant having already testified before ID, communicating details of his life, alleged involvement with foreign agencies — Not fundamentally unfair to applicant not to decide issue of his compellability at this stage of IAD’s proceedings — Circumstances herein not warranting exception to general rule — Application dismissed.
Wang v. Canada (Public Safety and Emergency Preparedness) (IMM-5055-16, 2017 FC 690, Roussel J., judgment dated July 17, 2017, 10 pp.)