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Paul v. Canada ( Minister of Employment and Immigration )

IMM-1073-93

Jerome A.C.J.

6/7/94

4 pp.

Motion to compel Appeal Division of Immigration and Refugee Board to provide written reasons for denial of applicant's appeal of deportation order -- Board refusing to produce written reasons as no request made by either party within ten days from date of communication of decision under Immigration Act, s. 69.4(5) -- Federal Court Immigration Rules, 1993, s. 9 cannot be used to compel Board to produce written reasons -- Restrictive interpretation of word "given" proposed by applicant inconsistent with meaning normally ascribed to word in everyday language -- In context of legal decision, use of word "given" normally implies reasons expressed or articulated in either written or oral form -- Rules, s. 9(2) not intended to allow Court to compel Board to produce written reasons, but to ensure all parties provided with reasons when available, and notified when not available -- Board's letter of April 21, 1993 to Registry complying with obligation to notify all parties concerned no reasons available -- Motion dismissed -- Federal Court Immigration Rules, 1993, SOR/93-22, s. 9 -- Immigration Act, R.S.C., 1985, c. I-2, s. 69.4(5) (as enacted by S.C. 1992, c. 49, c. 63).

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