Muia v. Canada ( Minister of Citizenship and Immigration )
IMM-2875-95
McKeown J.
31/5/96
5 pp.
Application for judicial review of adjudicator's decision to order applicant's deportation, having found him to be person described in s. 27(2)(a) Immigration Act-Issue whether Dass v. Canada (Minister of Employment and Immigration), [1996] 2 F.C. 410 (C.A.) applies to facts of present case-Applicant applying for permanent residence and sponsored by wife, Canadian citizen-Application approved in principle and awaiting exemption from requirement under s. 9(1) that every immigrant apply for and obtain visa before entering country-Applicant charged with conspiracy to traffic in narcotics before formal decision rendered-Application not proceeding until disposition of criminal proceedings-Applicant convicted and sentenced to seven years in prison-Applicant becoming member of inadmissible class and ordered deported-Dass decision requiring decisions be formulated and communicated to affected parties before judicial review available-Oral communication of congratulations not formal decision-Application for certiorari dismissed-Applicant, however, entitled to final decision in respect of application for landing-No decision communicated to applicant in definitive manner-Mandamus issued directing respondent to issue decision on application for landing-Immigration Act, R.S.C., 1985, c. I-2, ss. 9(1) (as am. by S.C. 1992, c. 49, s. 4), 27(2)(a) (as am. by S.C. 1995, c. 15, s. 5).