Qi v. Canada ( Minister of Citizenship and Immigration )
IMM-469-95
Reed J.
5/12/95
9 pp.
Application for judicial review to set aside departure orders issued against applicants by Senior Immigration Officer (SIO) on ground had overstayed visitors' visas-Application allowed-Applicants' son had applied to sponsor parents for permanent residence in Canada-Applicants had inadvertently omitted to seek extension of visitors' visas before expiry date but subsequently sought reinstatement of visitor status under Immigration Act, s. 27(2.1)-Application for reinstatement sought before interview with SIO to determine whether had overstayed visitors' status-Applicants' paralegal representative unsuccessfully tried to have proceeding adjourned until reply received with respect to reinstatement application-Although applicants invited, in notification letter, to have counsel attend at interview, representative told could not take part in interview-Manifest breach of natural justice-Denial of legitimate expectations-Applying Ramawad v. Minister of Manpower and Immigration, [1978] 2 S.C.R. 375, SIO obligated to adjourn deportation proceedings-Prassad v. Minister of Employment and Immigration, [1989] 1 S.C.R. 560 (where adjournment refused) distinguished-In Prassad, (1) decision based on new (post-1978 legislation) specifically granted adjudicator discretion to decide whether adjournment should be granted; (2) continuation of inquiry before adjudicator could be distinguished from execution of removal order; (3) legislation specifically required adjournment of proceedings in certain cases; (4) adjournments of inquiries not automatic when proceedings commenced or on-going under other Acts; (5) Ramawad decision based on fact SIO had usurped Minister's authority in deciding no special circumstances existed; (6) in Ramawad, determination by Minister as to whether special circumstances existed was integral to decision SIO was making, appellant, therefore, entitled to decision on former before latter determined; (7) decision in Prassad distinguishable from that in Ramawad-Legislative provisions herein closer to those in Ramawad than those in Prassad-In addition, purpose of s. 27(2.1) (Deputy Minister empowered to authorize person to remain in Canada after expiration of visitor's visa) indicating decision on application thereunder should be made before departure order issued, and no administrative difficulties arising therefrom-Immigration Act, R.S.C., 1985, c. I-2, s. 27(2.1) (as enacted by S.C. 1992, c. 49, s. 16).