CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Portillo v. Canada (Minister of Citizenship and Immigration)
IMM-5444-98
Reed J.
14/9/99
4 pp.
In 1993, conditional removal order issued against applicant--Appeal to Immigration Appeal Division (IAD) dismissed in July 1994--In January 1998, applicant filed motion to reopen 1993-1994 appeal--In April 1998, motion to reopen granted by IAD, and hearing scheduled--Before hearing held, Minister issued danger opinion pursuant to Immigration Act, s. 70(5)--In September 1998, IAD decided it did not have jurisdiction and dismissed appeal--IAD's decision based on interpretation of transitional provisions found in S.C. 1995, c. 15, s. 13(4) providing Act, s. 70(5) applying to appeal made before coming into force thereof and in respect of which hearing not commenced--IAD concluded reopening of appeal closer to commencement of second appeal than continuation of earlier appeal--Application for judicial review of IAD's decision--Application dismissed--Although only one appeal herein, hearing not commenced before coming into effect of Act, s. 70(5), July 10, 1995--In effect hearing de novo--Therefore IAD without jurisdiction--Immigration Act, R.S.C., 1985, c. I-2, s. 70(5) (as am. by S.C. 1995, c. 15, s. 13).