Digests

Dinita v. Canada (Minister of Citizenship and Immigration)

IMM-402-02

2003 FCT 184, Pinard J.

20/2/03

31 pp.

Judicial review of Minister's delegate decision applicant danger to public in Canada pursuant to Immigration Act, ss. 70(5) and 53(1) (convicted of repeated offences involving theft, fraud, conspiracy to commit fraud)--In reaching decision, Minister's delegate adopted reasoning in Ministerial Opinion Report (MOR) and Request for Minister's Opinion (RMO)--Danger opinion procedure adopted by Minister suggesting need for higher standard of fairness than decisions made pursuant to Act, s. 114(2)--In present case, Minister's delegate did adopt MOR and RMO--Sufficient to constitute provision of reasons--However, reasons inadequate, given specific circumstances--Minister's delegate's reasons do not directly address issue of inhuman treatment--Minister's reasons must weigh risk of harm to society if applicant remains in Canada against risk applicant will be subjected to cruel or unusual treatment upon return to country of origin-- Applicant established removal to Romania would expose him to risk of inhuman treatment as Roma--Minister's delegate's report not adequately responsive to evidence of risk--When danger opinion formed, Minister's delegate must take into account all humanitarian and compassionate considerations-- Minister's delegate indicates in decision taking into account all humanitarian considerations which could exist in case-- However, did not expand on statement, and no mention of humanitarian and compassionate considerations in RMO or MOR--Because of failure to provide adequate reasons for decision to deport applicant despite existence of risk to personal safety upon return to Rumania, and because of failure to address adequately humanitarian and compassionate grounds raised by applicant, application allowed-- Immigration Act, R.S.C., 1985, c. I-2, ss. 53(1) (as am. by S.C. 1992, c. 49, s. 43), 70(5) (as am. by S.C. 1995, c. 15, s. 13), 114(2) (as am. by S.C. 1992, c. 49, s. 102).