CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Dragosin v. Canada (Minister of Citizenship and Immigration)
IMM-5261-01
2003 FCT 81, MacKay J.
27/1/03
8 pp.
Judicial review of exclusion order against applicant by immigration officer at Halifax, Nova Scotia--Whether applicant improperly denied access to legal counsel to deal with interviews and to prepare for detention hearing-- Applicant's right to counsel arose from moment ordered detained at regional correctional centre--Immigration officer arranging detention had responsibility under Immigration Act, s. 103.1(14) to provide advice about and to facilitate access to counsel--Omission by immigration officer error in law-- Failure to facilitate access to counsel in circumstances violation right to counsel upon detention assured to everyone in Canada--Exclusion order should be set aside because of failure of officers concerned to facilitate access to counsel for applicant--Court directed reconsideration of applicant's circumstances by different immigration officer--Immigration Act, R.S.C., 1985, c. I-2, s. 103.1(14) (as enacted by R.S.C., 1985 (4th Supp.), c. 29, s. 12).