Panjwani v. Canada ( Minister of Employment and Immigration )
T-2804-92
Simpson J.
22/3/94
6 pp.
Application for judicial review of panel's deportation order following decision applicant ineligible to make Convention refugee claim, having overstayed student visa-At first inquiry, departure notice issued-Failed to comply-At second inquiry, refugee claim made for first time-Whether applicant ineligible to have refugee claim determined by reason of Immigration Act, s. 46.01(1)(f)-S. 46.01(1)(f) preventing assertion of unnecessary and unwelcome claims and establishing procedural closure on making of claims; claimants violating departure notices prohibited from claiming refugee status at subsequent inquiries-S. 46.01 subject to requirements of fundamental justice found in Charter, s. 7-No breach of Charter, s. 7-At first inquiry, at which departure notice issued, applicant was asked whether wished to make refugee claim and replied in negative-No allegations about disabilities affecting applicant at first inquiry or any procedural unfairness-Panel's finding consistent with objective of s. 46.01 to provide reasonable finality with respect to assertion of refugee claims-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, s. 46.01(1)(f) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 14)-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7.