Lam v. Canada ( Minister of Citizenship and Immigration )
IMM-2842-97
Reed J.
31/7/98
9 pp.
Danger opinion-Application for judicial review of Minister's delegate's danger opinion pursuant to Act, s. 77(3.01) concerning applicant-Inland application for permanent residence provisionally approved, then refused on ground inadmissible as result of two criminal convictions (membership in criminal organization or triad and for blackmail)-Prior to appeal being filed, applicant ordered deported from Canada as found by adjudicator to be person described in Act, s. 27(2)(a)-Then, danger opinion-Application allowed-In absence of reasons, decision characterized as perverse on its face-Case law clear that in these cases, convictions alone not justifying danger opinion-There must be support for finding individual constituting present or future danger-No reason why applicant's explanations and evidence concerning circumstances surrounding two offences disregarded-Immigration Act, R.S.C., 1985, c. I-2, ss. 27(2)(a) (as am. by S.C. 1992, c. 49, s. 16), 77(3.01) (as enacted by S.C. 1995, c. 15, s. 15).