Canada ( Secretary of State ) v. Dee
IMM-1296-94
Pinard J.
13/1/95
10 pp.
Application for judicial review of Immigration Appeal Division ("Division") order allowing respondent's appeal from removal order on ground of compassionate or humanitarian considerations pursuant to Act, s. 70(3)-Respondent from Philippines where facing charges of criminal activity ("outstanding charges")-Convention refugee status originally recognized in Canada-Respondent appealed deportation order subsequently issued against him after inquiry revealed lapse of visitor status-Kumar v. Canada (Minister of Employment and Immigration), [1985] 1 F.C. D-61 (C.A.) holding that where Board refuses to adjourn hearing pending disposition of criminal charges, fairness requiring Board to disregard charges in rendering decision-Applicant submitting Kumar case improperly applied: evidence re charges should have been allowed and Division should have considered evidence of wrongdoing-Kumar not applicable to case at bar as respondent demonstrating no desire to have outstanding charges against him dealt with and applicant objecting to Division's preliminary ruling limiting consideration of outstanding charges-Majority of Division finding evidence respecting outstanding charges unnecessary for dealing with matter-Outstanding charges not relevant to conclusions relied upon by Division majority-Court not interfering with Division exercise of discretion in not allowing cross-examination of respondent where applicant failing to make such request at appropriate time during course of cross-examination-Applicant not discharging burden of establishing inference drawn by majority of Division unreasonable-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, s. 70(3).