Canada ( Minister of Citizenship and Immigration ) v. Adam
IMM-3380-96
Jerome A.C.J.
29/8/97
4 pp.
Judicial review of IAD decision Immigration Act, s. 19(1)(l) containing rebuttable presumption, and that respondent's husband within exception contained therein-IAD concluding refusal of landing invalid, allowing appeal-Decision based primarily on letter from former United States Ambassador to Somalia, stating knew Mr. Adam, attesting to good character-Stating that although member of Siad Barré cabinet, Mr. Adam having little or no influence in human right policies, and vocal advocate for peaceful change-Under s. 19(1)(l) inadmissible if present or former members of, or senior officials of government engaged in terrorism, systematic or gross human rights violations or war crimes or crimes against humanity, except persons satisfying Minister that their admission would not be detrimental to national interest-Evidence establishing respondent's husband member of Barré cabinet, and therefore falling within provisions of s. 19(1)(l)-Although no rebuttable presumption existing in s. 19(1)(l), IAD not erring-Only Minister having discretion to make exception in face of all evidence-Minister's delegate acting in bad faith or without regard to evidence-Letter from former United States Ambassador compelling, perhaps determinative-Should have been addressed in Minister's decision-Failure to do so making decision perverse-Minister required to provide reasons in circumstances, where, on its face, decision perverse or lack of reasons leading to apprehension failed to exercise discretion at all-Application dismissed in part, matter referred back for redetermination-Immigration Act, R.S.C., 1985, c. I-2, s. 19(1)(l) (as am. by S.C. 1992, c. 49, s. 11).