Nguyen v. Canada ( Minister of Citizenship and Immigration )
IMM-2400-96 / IMM-2401-96
McKeown J.
16/6/97
9 pp.
Judicial review of Minister's opinions pursuant to Immigration Act, ss. 46.01(1)(e)(iv), 70(5) applicant constituting danger to public in Canada-Applicant becoming permanent resident of Canada in 1991-In 1994 convicted of eight offences arising from robbery in which driver, but not entering victim's home-Serving two years of three-year sentence-Upon receipt of notice Minister considering whether to issue danger to public opinion, applicant making written submissions-Opinion issued, applicant detained-At detention review adjudicator concluding applicant not likely to pose danger to public, ordering release-Document considered by adjudicator not part of material disclosed to applicant-Another document allegedly contained mischaracterizations of evidence-Requirements of fairness minimal as decision-making authorized by s. 70(5) not judicial or quasi-judicial, but rather formation of opinion in good faith drawn from probabilities as perceived by Minister from examination of relevant material and assessment as to acceptability of probable risk: Williams v. Canada (Minister of Citizenship and Immigration), [1997] 2 F.C. 646 (C.A.)-Requirements of fairness met under circumstances-No difference in level of fairness required under s. 46.01 and s. 70(5)-Nguyen v. Canada (Minister of Employment and Immigration), [1993] 1 F.C. 696 (C.A.) approving process under s. 46.01-Marceau J.A. stating procedure affording full opportunity to make case, thus satisfying maxim of audi alteram partem; no reason to require oral hearing-Also ruled out balancing actual danger to Canadian public and fear of persecution of foreign citizen-Immigration Act, R.S.C., 1985, c. I-2, ss. 46.01 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 11), 70(5) (as enacted by S.C. 1995, c. 15, s. 13).