CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Inadmissible Persons |
Navarro v. Canada (Minister of Citizenship and Immigration)
IMM-3288-99
Pelletier J.
14/9/00
9 pp.
Application for judicial review of decision by Minister's delegate forming opinion applicant constituted danger to public under Immigration Act, s. 46.01(1)(e)--On April 1, 1997, applicant presented himself at Canada Immigration Centre in Vancouver where made claim for refugee status, alleging fear of persecution in Honduras--Found to be eligible to make refugee application, conditional departure order made against him--Applicant convicted of three drug offences in United States under assumed names--Served only 18 months of three-year sentence before being released for good behaviour--Minister's delegate formed opinion applicant constituted danger to public under Act, s. 46.01(1)(e)--Reasons for decision not provided to applicant--Grounds for judicial review: applicant entitled to reasons for decision of Minister's delegate following S.C.C. decision in Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817--Baker encompassing one or more principles of general application, not limited to narrow question of duty of fairness in applications made under Act, s. 114(2)--Analytical framework with respect to need for reasons applicable to other discretionary decisions--Whether reasons required will depend, among other things, upon significance of decision for individual, existence of statutory right of appeal--Right to apply for judicial review existing here as in Baker--Given importance of decision for individual, fact decision subject to judicial supervision, reasons required to be given--Reasons not given herein--Applicant not accorded procedural fairness in treatment of request for danger opinion under Immigration Act, s. 46.01(1)(e)--Question certified: Whether S.C.C. decision in Baker requires that reasons be provided where Minister, delegate forms opinion individual danger to public pursuant to Immigration Act, s. 46.01(1)(e)--Application allowed--Immigration Act, R.S.C., 1985, c. I-2, ss. 46.01 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 14; S.C. 1992, c. 1, s. 73; c. 49, s. 36; 1995, c. 15, s. 9), 114 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 29; c. 29, s. 14; S.C. 1990, c. 38, s. 1; 1992, c. 49, s. 102; 1994, c. 26, s. 36).