Ching v. Canada ( Minister of Citizenship and Immigration )
IMM-3798-94
Rothstein J.
21/10/97
4 pp.
Application for visitor's or Minister's permit refused-Whether leave necessary to bring judicial review; if leave necessary, whether Court should grant leave now and proceed with merits-Leave required and leave application dismissed-Immigration Act, s. 82.1 applied (leave to apply for judicial review required except with respect to certain decisions of visa officers)-Determined in Canada (Minister of Citizenship and Immigration) v. Sajjan (1997), 216 N.R. 150 (F.C.A.), only decisions taken by visa officers themselves exempt from leave requirement-As decisions herein made by Minister, exception not applicable and leave required-Case moot as applicant applied for visa to attend Federation of International Basketball Association Games in Toronto in July 1994-Games have come and gone-Applicant can attempt to clear name by applying at any time for admission to Canada (applicant suspected of links to Hong Kong triad and other similar organizations in Canada and in United States, drug trafficking, money laundering, contract murders and arms sales) and present facts-Immigration Act, R.S.C., 1985, c. I-2, s. 82.1 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 19; S.C. 1992, c. 49, s. 73).