CITIZENSHIP AND IMMIGRATION |
Judicial Review |
Bermudez v. Canada (Minister of Citizenship and Immigration)
IMM-1139-99
2001 FCT 1112, MacKay J.
8/6/01
5 pp.
Practice--Reasons for supplementary order to order allowing application for judicial review of CRDD decision denying Convention refugee claim--Original order (June 13, 2000) neglecting to provide opportunity to propose questions for consideration pursuant to Immigration Act, s. 83(1)--Counsel for respondent proposing 2 questions for certification: whether CRDD required to inform claimant of particular branch of Convention, Art. 1(F)(a) activities being considered under when giving notice of potential exclusion; scope of war crimes under Art. 1(F)(a) (whether limited to context of international armed conflict or whether can be committed in domestic context)--Held, proposed questions will not be further considered and will not be certified--June 13 decision found that in circumstances, CRDD failed in its duty of fairness when, although notice given Art. 1(F)(a) in issue, no notice given panel would consider commission of war crimes as distinct from crimes against humanity--That aspect of decision fact-based and proposed question, if certified, may not effectively dispose of any appeal--Second reason: once original order filed on June 13, 2000, Court functus officio: Brar v. Canada (Minister of Citizenship and Immigration) (1997), 41 Imm. L.R. (2d) 194 (F.C.T.D.)--Immigration Act, R.S.C., 1985, c. I-2, s. 83(1) (as am. by S.C. 1992, c. 49, s. 73)--United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6.