CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Inadmissible Persons |
Nguyen v. Canada (Minister of Citizenship and Immigration)
IMM-567-99
Lemieux J.
3/11/00
6 pp.
Application for judicial review of decision by Immigration and Refugee Board (the tribunal) dismissing appeal in which applicant invoked equitable jurisdiction in Immigration Act, s. 70(1)(b)--Applicant citizen of Vietnam who, with husband, obtained permanent residence status in Canada--Ordered deported from Canada by adjudicator on June 23, 1998, on ground convicted of three offences--Tribunal came to conclusion applicant should be removed from Canada--Applicant entitled to succeed on ground raised by counsel based on failure of tribunal to explain why joint submissions of counsel to Minister and applicant's representative proposing five-year stay not endorsed--Clear distinction between deportation which is non-criminal in nature and that law in relation to joint submissions involved in criminal context--Tribunal not entitled to ignore joint submission--Had tribunal considered joint submission, it could have rejected it but only for good reasons--Application allowed--Immigration Act, R.S.C., 1985, c. I-2, s. 70 (as am. by S.C. 1992, c. 49, s. 65; 1995, c. 15, s. 13).