Jarrett v. Canada ( Minister of Citizenship and Immigration )
IMM-4733-96
Gibson J.
24/11/97
10 pp.
Application for judicial review of respondent's decision applicant constitutes danger to public in Canada-Applicant citizen of Jamaica, permanent resident of Canada since June 1978-Has extensive criminal record as youth-No merit in argument regarding fettering of respondent's discretion-No evidence in record to indicate those involved in decision-making process fettered judgment by inappropriate reliance on statement applicant fell within "criminal ranking set down by Minister as priority one Test Case"-No basis to conclude decision under review based on erroneous finding of fact made in perverse, capricious manner or without regard to record-"Danger to the Public Ministerial Opinion Report" not determinative herein-Officer McNight not decision-maker on behalf of respondent-Court must assume decision-maker acted in good faith in having regard to totality of material presented to him, in absence of evidence to contrary-Recommendation of officer McNight only one small element of record before decision-maker-No basis to conclude decision-maker biased-No evidence on which to base reasonable apprehension of bias on part of decision-maker-Application dismissed.