Timbo v. Canada ( Minister of Citizenship and Immigration )
IMM-4628-94 / IMM-4629-94
Jerome A.C.J.
27/11/95
5 pp.
Application to set aside respondent's decision not to process applicant's (citizen of Sierra Leone) application for permanent residence-Also, application for certiorari setting aside deportation order-Had been notified application for permanent residence on humanitarian and compassionate grounds had been approved in principle and had obtained Order in Council waiving requirement of obtaining visa and passport-Then charged with and convicted of assault and sexual assault against wife-Since conviction, respondent has refused to process application for permanent residence-S. 27 inquiry undertaken to determine if should be removed from Canada-Determined to be member of inadmissible class pursuant to s. 19-Conditional deportation order issued-Application and certiorari granted-Having made final and positive determination on merits of applicant's application, Commission cannot then reconsider its decision and refuse to continue processing application for permanent residence-Therefore, decision of Adjudication Division with respect to applicant's deportation must also be set aside on ground inquiry improperly proceeded under Immigration Act, s. 27(2)(a) rather than s. 27(1)-In addition, mandamus will issue requiring respondent to issue necessary documents showing applicant having permanent resident status in Canada-Immigration Act, R.S.C., 1985, c. I-2, ss. 19 (as am. by S.C. 1992, c. 49, s. 11), 27(1) (as am. idem, s. 16), (2) (as am. idem).