Gervasoni v. Canada ( Minister of Citizenship and Immigration )
IMM-4063-94
Muldoon J.
10/4/96
12 pp.
Application for judicial review of Minister of Citizenship and Immigration's finding under Immigration Act, s. 46.01(1)(e)(i) applicant constitutes danger to Canadian public-Applicant, citizen of United States, entered Canada in 1986 under false identity of Canadian citizen-Applicant convicted of second degree robbery in New Jersey in 1982-Also convicted in Canada for breach of recognizance and harassing telephone calls-Charges of sexual assault and unlawful use of firearm stayed pending immigration and extradition proceedings-Outstanding murder charge in Florida-Refugee claim in June 1994-Found to be member of inadmissible class of persons under Act, s. 19(1)(c.1)(i) due to robbery conviction-Deportation order issued conditional on applicant being found not to be Convention refugee or being ineligible to claim refugee status-Adjudicator's decision set aside for procedural reasons-August 1994, Minister rendering opinion under s. 46.01(1)(e)(i) of Immigration Act applicant constitutes danger to public of Canada and therefore ineligible to have claim determined by Refugee Division-Application dismissed-Preliminary objection to submission of additional affidavits by applicant allowed on grounds containing previously undisclosed evidence which could have been placed before Minister but was not-Minister not failing to satisfy audi alteram partem rule as decision discretionary administrative one, therefore minimal duty of fairness-Applicant unable to establish Canadian immigration authorities attempting to extradite him without legitimate purpose and proceedings sham, therefore, argument of disguised extradition failing-S. 46.01(1)(e)(i) constitutionally sound and decision not infringing appellant's guaranteed rights under Charter, s. 7-Also, Minister's opinion not conditional on adjudicator's finding-Therefore, setting aside of first adjudicator's finding not rendering Minister's opinion dysfunctional-Immigration Act, R.S.C., 1985, c. I-2, ss. 19(1)(c.1)(i) (as am. by S.C. 1992, c. 49, s. 11), 46.01(1)(e)(i) (as am. idem, s. 36).