Meikle v. Canada ( Minister of Citizenship and Immigration )
IMM-1031-96
Heald D.J.
1/10/97
8 pp.
Judicial review of respondent's opinion applicant danger to public in Canada-Applicant citizen of United Kingdom-Landed in Canada in 1964 at age 7-Convicted of numerous offences since 1973-When deportation order made against him, applicant immediately appealed-Notice of appeal served on adjudicator January 18, 1993, but not forwarded to registry until October 11, 1994-Danger to public opinion formed February 15, 1996 before any Immigration Appeal Division (IAD) hearing-IAD dismissing appeal in March 1996 on ground lacked jurisdiction to hear matter under Immigration Act, s. 70(5)(c)-(1) No procedural deficiency in formation of s. 70(5) opinion-According to obiter in Williams v. Canada (Minister of Citizenship and Immigration), [1997] 2 F.C. 646 (C.A.), no basis to impose oral hearing requirement or right to cross-examination of witnesses-As to substantive merits of s. 70(5) opinion, on totality of record, when applicant's criminal record considered, required deference afforded to Minister's delegate, no reviewable error-(2) Unexplained, lengthy delay in filing notice of appeal failure to observe principle of natural justice, procedural fairness-Immigration Appeal Division Rules requiring adjudicator served with notice of appeal to "forthwith file it"-No explanation as to how, why notice of appeal not forwarded immediately to IAD registry-Failure to file on timely basis resulting in danger to public opinion rendering appeal nullity-Some of respondent's officials negligent-Assumption Parliament intending laws to be administered in equitable manner, in conformity with principles of natural justice-Causal nexus between breach of principles of natural justice, s. 70(5) opinion that latter having effect of removing right of appeal, but that right vested before s. 70(5) provisions coming into effect-Delay depriving applicant of vested right-Appeal to IAD should be allowed to proceed-Minister's opinion quashed under Federal Court Act, s. 18.1(4)(b), (3)(b)-If IAD not setting aside deportation order, respondent may subsequently be in position to remove applicant from Canada-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as am. by S.C. 1990, c. 8, s. 5)-Immigration Act, R.S.C., c. I-2, s. 70(5) (as enacted by S.C. 1995, c. 15, s. 13)-Immigration Appeal Division Rules, SOR/90-738.