CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Kobayashi v. Canada (Minister of Citizenship and Immigration)
IMM-1549-02
2003 FCT 514, Noël J.
25/4/03
9 pp.
Judicial review of decision of Immigration Officer to continue to detain applicant's passport--Also application for order by way of mandamus requiring Citizenship and Immigration Canada (CIC) to return passport to applicant-- Canada Customs and Revenue Agency at Vancouver International Airport referred to Immigration Officer two envelopes shipped from Los Angeles by unknown sender-- One envelope containing Japanese passport in name of Tetsuo Kobayashi; other containing driving permit in another name, but bearing same picture--Documents seized to facilitate investigation into identity of man whose picture affixed to documents, namely applicant--Investigation ongoing-- Applicant seeking release of passport since latter seized for more than three months in contravention of Immigration Act, s. 102.06--CIC informed applicant passport would not be released as investigation not yet concluded--Court denied leave for judicial review challenging CIC's refusal to release passport--Whether application barred by res judicata-- Appearance of illegality if validly proven passport seized for more than three months--Court not to remain silent because of principle of res judicata if observes continual illegality-- Applicant claiming CIC continues to detain passport notwithstanding demand for release under Act, s. 102.06--S. 102.06(2) not applicable to present situation--Facts about seizure of passport, travel documents not related to forfeiture of vehicles, illegal entry of persons in Canada--Seizure of documents, including passport of applicant, supported by pertinent provisions of Act--No time limit imposed on seizure made by authorities under Act, ss. 94(1)(n), 110(2)--Decision to maintain seizure of applicant's passport while investigation ongoing not justifying intervention of Court--Applications for judicial review, for order by way of mandamus dismissed-- Immigration Act, R.S.C., 1985, c. I-2, ss. 94 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 24; S.C. 1992, c. 49, s. 83; 1995, c. 15, s. 18), 102.06 (as enacted by R.S.C., 1985 (4th Supp.), c. 29, s. 11), 110 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 99; 1995, c. 15, s. 21).