CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Removal of Permanent Residents |
Ali v. Canada (Minister of Citizenship and Immigration)
IMM-4820-02
2003 FC 1115, O'Reilly J.
29/9/03
6 pp.
Judicial review of Minister's delegate's finding applicant representing danger to public in Canada, should be returned to Ethiopia-- Applicant, permanent resident in Canada since 1993, found guilty of assault, sexual interference-- Application allowed-- Delegate's opinion failed to set out some basis for believing applicant posing present or future risk to Canadians-- Delegate relied completely on opinion of others (Ministerial Opinion Report, Request for Minister's Opinion)--However, these documents containing no analysis of applicant's present or future risk to Canadians--Not discussing either of psychological reports indicating applicant unlikely to re- offend--Minister's delegate not citing any basis for concluding applicant representing danger to Canadian public--Reasons inadequate--Singh v. Canada (Minister of Citizenship and Immigration) (2003), 236 F.T.R. 117 (F.C.T.D.), where Court arrived at same conclusion regarding virtually identical danger opinion, applied.