Raman v. Canada ( Minister of Citizenship and Immigration )
IMM-1701-95
Dubé J.
31/12/96
11 pp.
Judicial review of senior immigration officer's (SIO) decision lacking jurisdiction to reopen inquiry wherein exclusion order issued-Upon arrival in Canada, applicant's Zimbabawean passport appearing fraudulent-Applicant responded negatively when asked if wanted to make refugee claim-Upon advice being excluded, applicant admitted he was flight lieutenant in Nigerian air force, expressed desire to claim refugee status-Immigration Act, s. 44(1) giving any person in Canada, except those against whom removal order made, but not executed (unless appeal from order allowed), who claims Convention refugee status right to seek determination of claim by notifying immigration officer-Application dismissed-S. 44 clearly precluding SIO from reopening decision to exclude-Once decision made, refugee may not seek determination of refugee claim unless appeal from order allowed-Once decision made refugee may not seek determination of refugee claim unless appeal from order allowed-SIO not having jurisdiction either at common law or pursuant to Charter, s. 7 and Constitution Act, 1982, s. 52(1) to consider reopening hearing-Not necessary to decide whether breach of natural justice as no obligation on SIO to advise applicant of right to counsel-Furthermore, applicant not establishing deprived of right to liberty, security of person under Charter, s. 7 as no right to enter country-While detained to prevent illegal entry, no evidence not free to return to country from whence came-Questions certified: (1) Does SIO have jurisdiction, either at common law or pursuant to Charter s. 7 and Constitution Act, 1982, s. 52(1) to consider reopening hearing resulting in issuance of removal order, for person to claim protection as Convention refugee-(2) If so, is jurisdiction to reopen limited to instances where breach of natural justice in respect of original decision-(3) If so limited, was there breach of natural justice or principles of fundamental justice in SIO's failure to advise applicant of right to counsel prior to conclusion of hearing before SIO resulting in issuance of removal order-Immigration Act, R.S.C., 1985, c. I-2, ss. 23 (as am. by S.C. 1992, c. 49, s. 13; 1995, c. 15, s. 3), 44 (as am. by S.C. 1992, c. 49, s. 35)-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7-Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 52(1).