Ashton v. Canada ( Minister of Citizenship and Immigration )
IMM-1904-97
Campbell J.
24/2/98
24 pp.
Application for judicial review of Minister's opinion applicant danger to public in Canada-Applicant, born in England, admitted to Canada at age 11 in 1975, with parents and three brothers-Son born in Canada-After numerous convictions, applicant deported to England and awaits decision on application-First danger opinion quashed-In letter informing applicant of Minister's objection to re-opening appeal, applicant advised second danger opinion considered-Minister never advised directly or through solicitor subsequent danger opinion considered, nor invited to make further submissions-In addition, not advised of consequence of such opinion-Second danger opinion issued-Application allowed-Minister failed to discharge duty of fairness by providing applicant with clear and unambiguous notice further danger opinion being taken against him and could provide further submissions-Furthermore, opinion itself inappropriate-Test whether person "present or future danger to public"-Minister's guidelines examined-Case, reports and recommendations examined-Test not met: evidence supporting conclusion applicant was not and would not be danger to public in future-Reviewable error as Minister's decision so profoundly unresponsive to evidence as to be on its face perverse-Evidence manifestly requiring different result-Opinion set aside as based on erroneous finding of fact made in capricious manner and without regard to evidence.