Kiani v. Canada ( Minister of Citizenship and Immigration )
IMM-3433-94
Gibson J.
31/5/95
5 pp.
Application for judicial review of adjudicator's conditional order applicant be deported from Canada pursuant to Immigration Act, s. 32.1(4) -- Issue whether conditional deportation order as opposed to conditional departure order properly made-Adjudicator's finding applicant person described in Act, s. 19(1)(c.1) allowing adjudicator to make more onerous conditional deportation order -- Legault v. Canada (Secretary of State) (IMM-7485-93, January 17, 1995, unreported, under appeal Court file A-47-95), holding adjudicator erring in law in relying solely on allegations made in indictment and failing to make independent determination on basis of evidence, distinguished as adjudicator herein having evidence to reasonably support conclusion applicant's testimony neither credible nor trustworthy-Adjudicator making independent determination on basis of evidence adduced; adjudicator not simply relying on police report alone -- Legault "reasonable grounds to believe" standard lower than "balance of probabilities" standard -- Conditional deportation order correct -- Application dismissed -- Immigration Act, R.S.C., 1985, c. I-2, ss. 19(1)(c.1) (as am. by S.C. 1992, c. 49, s. 11), 32.1(4) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 12).