CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Figueroa v. Canada (Minister of Citizenship and Immigration)
IMM-1264-99
Pelletier J.
25/2/00
9 pp.
Application for judicial review of immigration officer's decision denying landing to applicants because one of persons included in application person described in Immigration Act, s. 19(1)(j)--IRB recognized female applicants as Convention refugees, but male applicant excluded for having committed crime against humanity--S. 46.04(3) expressly giving immigration officer power to grant landing to interested party and to any dependant for whom landing sought if satisfied neither applicant nor any of dependants person described in, for example Act, s. 19(1)(j)--The decision at issue referred only to application for permanent residency made by applicant wife and in no way constituted removal order--Power of decision granted immigration officer under Act, s. 46.04(3) not implicit but express and clearly defined by provision which, moreover, contains no expression of any intention by Parliament to involve an adjudicator--Application dismissed--Certified question: Under power of decision granted to him in Immigration Act, s. 46.04(3) may immigration officer, without intervention of adjudicator, refuse to grant landing to applicant and to any dependant for whom landing sought, on ground not satisfied neither applicant nor any of those dependants person described in s. 19(1)(j)?--Immigration Act, R.S.C., 1985, c. I-2, ss. 19(1)(j) (as. am. by R.S.C., 1985 (3rd Supp.), c. 30, s. 3), 46.04 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 14; S.C. 1992, c. 1, s. 143; c. 49, s. 38).