CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Canada (Minister of Citizenship and Immigration) v. Varela
A-141-02
2003 FCA 42, Pelletier J.A.
27/1/03
3 pp.
Appeal of judicial review ([2002] 4 F.C. 144 (T.D.)) of evidentiary ruling made by adjudicator--Whether Minister would have to lead evidence establishing one element of allegations against respondent i.e. whether respondent committed war crime or crime against humanity--Minister asked for ruling that issue in question had been decided by decision of Convention Refugee Determination Division which excluded respondent from claiming refugee status because serious reasons to consider respondent had committed international crime--Adjudicator put Minister to proof of all elements of allegations--Decision by adjudicator on point of law dealing with evidence to be called cannot become jurisdictional question when adjudicator vested with sole and exclusive jurisdiction to hear and determine all questions of law and fact, including question of jurisdiction, arising in course of proceedings: Immigration Act, s. 80.1--Appeal dismissed--Immigration Act, R.S.C., 1985, c. I-2, s. 80.1 (as enacted by S.C. 1992, c. 49, s. 70).