CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Removal of Permanent Residents |
Grandison v. Canada (Minister of Citizenship and Immigration)
IMM-6308-98
2001 FCT 300, Heneghan J.
6/4/01
6 pp.
Judicial review of Minister's delegate's decision applicant danger to public--Applicant, citizen of Jamaica, permanent resident of Canada since 1990--Convicted of importing narcotics in 1998--Opinions issued pursuant to Immigration Act, ss. 70(5), 46.01(1)(e)(iv)--No reasons provided with opinions, and applicant not provided with copies of Ministerial Opinion Report and request for Minister's Opinion--Bhagwandass v. Canada (Minister of Citizenship and Immigration), [2001] 2 F.C. 3 (C.A.) determinative of present application--Expanded duty of fairness requiring disclosure of Ministerial Reports--Unnecessary to determine merits of danger opinions in light of Minister's breach of duty of fairness--Application allowed, danger opinions quashed--Following question certified: should Ministerial Reports prepared under Immigration Act, s. 70(5) be taken by reference to be reasons for Minister's delegate's opinion?--Immigration Act, R.S.C., 1985, c. I-2, ss. 46.01(1)(e)(iv) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 14; S.C. 1992, c. 49, s. 36; 1995, c. 15, s. 9), 70(5) (as am. by S.C. 1995, c. 15, s. 13).