Lee v. Canada ( Minister of Citizenship and Immigration )
IMM-4654-96
Muldoon J.
14/2/97
7 pp.
Motions to dismiss judicial review applications on ground moot-First judicial review application seeking certiorari quashing visa officer's decision to revoke immigrant visas, landing records; mandamus directing visa officers to immediately issue new immigrant visas, landing records; declaration pursuant to Charter, s. 24, Constitution Act, 1982, s. 52 visa officers acted contrary to Charter-Second application seeking only mandamus, declaratory relief-Immigrant visas issued on January 15, 1997-In so far as claims for certiorari, mandamus concerned, judicial review applications moot because no longer live issue between parties-But Court may still exercise discretion to grant declaratory relief if circumstances so warranting-Criteria in Cross v. Canada (Minister of Citizenship and Immigration) (1996), 111 F.T.R. 304 (F.C.T.D.) applied-Court should not exercise discretion to hear applications for judicial review-No obvious, useful purpose served by granting declaratory relief-Applicants alleging immigration officials inordinately slow to process applications for permanent residence in investor category of Taiwanese applicants, return original documents-Filing affidavit of Chairperson of Taiwanese Emigrants Protection Association (TEPA) arguing Canadian government should not be allowed to avoid responsibility for discriminatory acts simply because visas now issued-Government admitting heightened scrutiny of applications from Taiwan because certain consultants in Taiwan filing false, fraudulent documentation-But no one has right to enter Canada without Crown's permission-If applicants treated badly by Canadian immigration officials in course of employment before January 15, 1997, remedy suit for provable damages, not declaration-Applicants not having standing to bring application for Charter declaration on behalf of TEPA-Charter not applicable extra-territorially-Non-citizens outside Canada cannot invoke Charter-Absence of adversarial context, principle of judicial economy weighing against allowing applications for judicial review to proceed when underlying complaint resolved in their favour-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. 24-Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 52.