CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Ghatoura v. Canada (Minister of Citizenship and Immigration)
IMM-3318-01
2002 FCT 307, McKeown J.
21/3/02
5 pp.
Application for judicial review of IAD decision not to grant applicant's motion to reopen appeal of removal order--Issues whether IAD erred in failing to consider impact of applicant's removal to India and whether S.C.C. decisions in Chieu v. Canada (Minister of Citizenship and Immigration) (2002), 208 D.L.R. (4th) 107 and Al Sagban v. Canada (Minister of Citizenship and Immigration) (2002), 208 D.L.R. (4th) 148 can be applied retroactively here--Application allowed-- Standard for reviewing IAD's decision to not review country conditions in India that of correctness--Law relating to IAD considering country conditions of specific country before S.C.C. decision and subsequent to it has not changed--In Chieu, Iacobucci J. stated IAD can also reopen appeal prior to execution of removal order and, if appropriate, exercise discretion in another way; referred to Lorne Waldman's Immigration Law and Practice, loose-leaf Markham, Ont.: Butterworth, 1992 to effect no reason for concluding IAD could not consider subsequently whether or not to reopen appeal to consider issues related to impact of removal to specific country on appellant--Here, IAD has rendered decision and statutory stay has expired--Therefore, Minister empowered to make decision to return applicant to India--On facts of case herein, Minister had decided to return applicant to India--IAD should have considered impact of removal to India--No need to decide if S.C.C. decisions in Chieu or Sagban ought to be applied retroactively here.