Whittingham v. Canada ( Minister of Citizenship and Immigration )
IMM-2572-95
Cullen J.
30/1/97
3 pp.
Immigration Appeal Division Member R. Channan dismissing appeal from deportation order-Applicant requesting written reasons for decision by telephone transmission of facsimile and regular mail within prescribed time limit-Registrar replying Member Channan medically incapacitated, no reasons could be issued-Respondent submitting no evidence cover letter attached to applicant's faxed request for reasons as required by Immigration Appeal Division Rules, R. 35(1)-Therefore faxed request not considered received within prescribed time limit-Application allowed-No requirement for service of request for reasons-Immigration Act, s. 69.4(5) providing only that Appeal Division shall forthwith give written reasons for disposition of any appeal made pursuant to ss. 70, 71 where either party so requesting within 10 days after notification of disposition of appeal-No requirement for formal service of request-Requirement only that request be made within 10 days after notification of disposition of appeal-Applicant notified of disposition on September 12-Request for written reasons sent by facsimile transmission September 19, well within prescribed ten-day limit-Application of Canada (Minister of Citizenship and Immigration) v. Pinnock, IMM-3139-95, Gibson J., judgment dated 6/11/96, not yet reported: Appeal Division must give reasons for decisions in order for meaningful right of review to exist, as required by natural justice-Special circumstances for awarding costs not established-Immigration Act, R.S.C., 1985, c. I-2, s. 69.4(5) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 63)-Immigration Appeal Division Rules, SOR/93-46, R. 35(1)-Federal Court Immigration Rules, 1993, SOR/93-22, R. 22.