CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Citizens |
Mahmood v. Canada
T-483-98
Dawson J.
11/5/00
13 pp.
Application for judicial review of Passport Office decision to revoke applicant's Canadian passport--Passport issued in December 1994--In 1997, applicant used passport to obtain boarding pass at Changi International Airport in Singapore, then gave boarding pass to friend to help him escape persecution in Pakistan--Attempt discovered, passport seized and applicant convicted of "attempted cheating by personation with common intention involving one Canadian passenger holder of (applicant's passport) at gate F58, transit lounge, Changi Airport Terminal II on 28 July 97" and sentenced to two months' imprisonment--When attempting to obtain new passport, applicant did not mention events surrounding seizure of passport--By letter dated December 29, 1997, Passport Office advised applicant it intended to invoke Canadian Passport Order, s. 10(b) and to revoke applicant's passport until July 2002--On same day, applicant conveyed to Passport Office supplemental answer to earlier response--On January 26, 1998, Passport Office acknowledged receipt but maintained decision to revoke--Issues whether decision made without evidence, and in disregard of evidence and in total absence of reasons; whether decision ultra vires as applicant had never misused passport--Application dismissed--Sufficient evidence to support Passport Office's decision--Not necessary to decide if formal reasons required as requirement for giving reasons, in light of Baker v. Canada, [1999] 2 S.C.R. 817, met--Passport Office's letters to applicant adequately and fairly advised applicant of Passport Office's concerns and basis on which, after receiving applicant's submissions, it was decided to revoke applicant's passport pursuant to Order, s. 10(b)--Decision not ultra vires as use of passport to assist in commission of offence in Singapore capable at law of invoking operation of Order, s. 10(b) as conduct characterized as "cheating by personation with intent" in Singapore capable of constituting conduct prescribed by both Immigration Act, s. 94.1 and Criminal Code, s. 403 (see Regina v. Hetsberger (1980), 51 C.C.C. (2d) 257 (Ont. C.A.)--Immigration Act, R.S.C., 1985, c. I-2, s. 94.1 (as enacted by R.S.C., 1985 (4th Supp.), c. 29, s. 9; S.C. 1992, c. 49, s. 84)--Criminal Code, R.S.C., 1985, c. C- 46, s. 403 (as am. by S.C. 1994, c. 44, s. 27)--Canadian Passport Order, SI/81-86, s. 10(b).