Nguyen v. Canada ( Minister of Citizenship and Immigration )
IMM-2483-96
Gibson J.
20/8/97
9 pp.
Application for judicial review of decision applicant danger to public in Canada-Applicant, stateless person from Vietnam, convicted three times (1981, 1982, 1994), last of which for trafficking in narcotics (one ounce of cocaine)-Sentenced to two years less one day-Issue whether or not, on material before respondent's delegate, opinion applicant danger to public perverse (immigration officer who wrote report on subject did not conclude applicant danger to public, but officer's manager, on same facts, did, and recommended accordingly, commenting "I am not convinced he will not reoffend")-Application allowed-In forming opinion as to whether individual constituting present or future danger to public in Canada, possibility or likelihood of reoffending only relevant to extent reoffending may, or likely to represent, danger to public in Canada-Applicant's first offence "mischief", unlikely to represent danger-Second offence, possession of weapon, punished by sentence of one day in prison and $200 fine, unlikely to be of nature as to represent danger-As to drug trafficking, not evident manager focussed on possibility applicant might return to drug trafficking-Therefore, discretionary tribunal decision under review, on its face, and in absence of reasons that might explain how result indeed rational, perverse-Decision set aside on basis of error of law-Decisions on relatively similar fact situations in Tran v. Canada (Minister of Citizenship and Immigration), [1997] F.C.J. No. 878 (F.C.T.D.) (QL) and Smith v. Canada (Minister of Citizenship and Immigration), [1997] F.C.J. No. 992 (F.C.T.D.) (QL), distinguished.