Jeffery v. Canada ( Minister of Employment and Immigration )
A-720-91
Mahoney J.A.
28/1/93
Application to set aside deportation order on ground Adjudicator erred in exercising discretion and deciding not to issue departure notice -- Applicant arriving in Canada from Grenada as visitor, hoping to either study here or be landed as assisted relative -- Visa expiring and indicating intention to claim Convention refugee status based on invasion of Grenada before departure -- At inquiry declined to make claim -- In deciding not to issue departure notice, adjudicator considering might again enter Canada and abuse refugee system by again claiming Convention refugee status -- Application allowed -- Adjudicator considering mere speculative possibility of future, not past, abuse of system -- Line of cases, beginning with Minister of Employment and Immigration v. Lau, [1984] 2 F.C. 444 (C.A.), holding breach of Immigration Act not alone circumstance supporting exercise of discretion to refuse departure notice -- As everyone liable to be deported has breached Act in some way, Parliament must have had something more in mind in giving adjudicators discretion -- None of those cases dealing with abuse of refugee determination system -- This decision not to be construed as considered opinion deliberate abuse of refugee determination system necessarily precluded by law as circumstance to be taken into account in deport/depart decision -- Since applicant already returned to Grenada, no purpose in referring matter back[cad 211]Immigration Act, R.S.C., 1985, c. I-2, s. 32(7).