CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Tran v. Canada (Minister of Citizenship and Immigration)
IMM-2333-02
2003 FCT 215, Campbell J.
21/2/03
6 pp.
Judicial review of decision of Minister of Citizenship and Immigrations delegate determining applicant constituting danger to public in Canada pursuant to Immigration Act, s. 53(1)-- Applicant born in Vietnam and found to be stateless person by Canadian government--In 1993 applicant declared Convention refugee, came to Canada--Received permanent residence in 1995--In 2000, applicant convicted of trafficking in cocaine and received sentence of imprisonment of three and one half years--Applicant argues respondent erred by failing to provide reasons for decision--As matter of law, reasons must be provided--Respondent adopted ministerial report as reasons--Therefore, question whether reasons contained in ministerial reports or independent reasons contained in Minister's decision--If no reasons in either source, Minister's decision made in error of law--Definition of reasons, considered in present context, requiring totality of evidence with respect to applicant be employed in analytical argument justifying danger decision reached--Cryptic contentious statements in ministerial reports cannot so qualify--In addition, Minister's decision completely devoid of reasons-- Application allowed--Immigration Act, R.S.C., 1985, c. I-2, s. 53(1) (as am. by. S.C. 1992, c. 49, s. 43; 1995, c. 15, s. 12).