Citizenship and Immigration
Exclusion and Removal
Removal of Visitors
Judicial review of decision by Minister’s Delegate issuing removal order, rejecting applicant’s claim for refugee status—Applicant, citizen of Grenada, arriving in Canada as visitor in 2000—Not leaving Canada when visa expired six months later—Immigration authorities arresting, detaining applicant under Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 55—Report prepared by immigration officer who detained applicant (s. 44 report)—Officer concluding applicant inadmissible to Canada as overstayed visitor’s visa—Delegate issuing removal order following review of report, interview of applicant—Under Act, s. 99(3), person subject to removal order cannot make claim for refugee protection—Burden on applicant to establish on balance of probabilities delegate issued order despite fact claim for refugee protection made—Applicant not discharging burden of proof—In expressing no fear in returning to Grenada, applicant clearly had no basis for refugee claim—Act, s. 99(3) not offending 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—Application dismissed.
Mitchell v. Canada (Minister of Citizenship and Immigration) (IMM-5319-07, 2008 FC 918, Zinn J., judgment dated July 28, 2008, 15 pp.)