Maraj v. Canada ( Minister of Employment and Immigration )
92-T-595
Reed J.
17/3/93
17 pp.
Application for leave to commence s. 18.1 proceeding to have immigration officer's decision reviewed and set aside -- First ground of application for leave unauthorized subdelegation of Governor in Council's authority under Immigration Act, s. 114(2) -- Case law and doctrine as to appropriate procedure to be followed under s. 114(2) reviewed -- Administrative fairness requiring request for exemption from requirement of s. 9 be processed by local immigration officials: Jiminez-Perez v. Minister of Employment and Immigration, [1983] 1 F.C. 183 (C.A.) -- Minister entitled to act through duly authorized officer of Department -- Argument as to unauthorized subdelegation unfounded -- Applicants seeking to have respondent's written representations struck out as not filed within time frame allowed by Federal Court Immigration Rules, s. 17(2)-Applicants' written representations filed and served on June 4, 1992 -- Respondent's written representations filed and served on June 25, 1992 -- Exactly 20 clear days between filing of parties' written submissions as required by Rules, s. 17(2) -- Delay in dealing with applicant's claim for refugee status said to constitute breach of Charter, s. 7 -- Applicant required to demonstrate both prejudice resulting from delay and delay unreasonable -- No evidence applicants prejudiced by delay -- Delay in being notified of immigration officer's decision not factor demonstrating bias or lack of fairness -- No evidence supporting allegation of bias on part of decision-maker -- Immigration officer not required to provide applicants with list of criteria permitting successful humanitarian and compassionate review-Decision made not of judicial nature -- Decision-making process discretionary and open-ended -- No information on record explaining why humanitarian and compassionate grounds would justify granting of landing from within Canada -- No description of factual basis underpinning application for leave -- Application for leave dismissed -- Immigration Act, R.S.C., 1985, c. I-2, s. 114(2) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 29; c. 29, s. 14; S.C. 1990, c. 38, s. 1) -- Federal Court Immigration Rules, SOR/91-698, s. 17(2).