Citizenship and Immigration
Appeal from Federal Court decision ([2009] 1 F.C.R. 675) dismissing applications for judicial review of enforcement officer’s decision under Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 44(1) to prepare inadmissibility report on grounds of serious criminality, and Minister’s delegate’s decision under s. 44(2) to refer report to Immigration Division for admissibility hearing—Certified question, whether greater duty of fairness required of immigration officers preparing Act, s. 44(1) report and Minister referring report when dealing with persons in custody, not answered as not necessary for disposition of appeal—Question too vague, answer would be fact-driven—No reviewable error in applications Judge’s findings—Appeal dismissed.
Richter v. Canada (Minister of Citizenship and Immigration) (A-387-08, 2009 FCA 73, Trudel J.A., judgment dated March 10, 2009, 4 pp.)