Citizenship and Immigration
Exclusion and Removal
Removal of Permanent Residents
Judicial review of decision by Immigration Appeal Division (IAD) applicant’s stay cancelled by operation of law, appeal terminated pursuant to Immigration and Refugee Protection Act (IRPA), S.C. 2001, c. 27, s. 68(4)— AD having jurisdiction to determine questions of law generally—Does not have jurisdiction to decide constitutionality of s. 68(4) because s. 68(4) not giving IAD jurisdiction to decide questions of law—Decision-making power under s. 68(4) strictly factual—Once facts triggering s. 68(4) proven, IAD losing jurisdiction to consider Charter challenge—Purpose of IRPA, s. 68(4) to allow for expedited removal of persons who continue to commit criminal offences despite being given a second chance—IAD correctly interpreting parameters of s. 68(4)—Deportation of non-citizen such as applicant, in itself, not engaging liberty, security interests protected by Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7—Application dismissed.
Ramnanan v. Canada (Minister of Citizenship and Immigration) (IMM-1991-07, 2008 FC 404, Shore J., judgment dated April 1, 2008, 23 pp.)