Veluppilai v. Canada ( Minister of Citizenship and Immigration )
IMM-87-99
Teitelbaum J.
14/12/99
14 pp.
Judicial review of Minister's delegate's decision applicant danger to public in Canada-Seeking to set aside decision on ground Immigration Act, s. 53(1) unconstitutional, applicant treated unfairly in that not provided reasons for Minister's decision, no evidence supporting finding-Applicant Convention refugee-In 1997 convicted of two counts of assault with weapon, one count of possession of weapon, sentenced to four years' imprisonment-Application denied-(1) Constitutional submissions disallowed because of reasons given by McKeown J. in Suresh v. Canada, [1999] F.C.J. No. 865 (F.C.T.D.)-Suresh now before C.A. on certified question-In order to protect constitutional issue of applicant, question similar or same as question in Suresh certified-If person accepted as refugee claimant committing serious crimes for which legal danger opinion given for protection of Canadian public, notwithstanding refugee claimant in some danger if returned to country, refugee claimant should not be permitted to remain in Canada-(2) Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, wherein held duty of procedural fairness requiring provision of written reasons in some circumstances, distinguished-Decision in Baker made by immigration officer under s. 114(2) based upon "compassionate or humanitarian considerations"-Such decision based upon broader assessment of relevant factors than decision made pursuant to s. 53(1)-Factors considered by Minister in determining applicant constituted danger to public in Canada self-evident-Burden on applicant to demonstrate to Minister not danger to public-Given nature of applicant's criminal record, that crimes committed while applicant refugee in Canada, that now imprisoned or on parole for these offences, Minister not required to give reasons for purely discretionary decision-Notes submitted to Minister requesting s. 53(1) opinion considered reasons for Minister's opinion-(3) Commission of violent offence sufficient to find person dangerous-Minister's decision would not outrage standards of decency-Crimes committed herein of most serious nature-Evidence applicant having capacity of becoming violent-Minister's decision not unreasonable-Immigration Act, R.S.C., 1985, c. I-2, ss. 53 (as am. by S.C. 1992, c. 49, s. 43; 1995, c. 15, s. 12), 114(2).