Canada ( Minister of Citizenship and Immigration ) v. Jhatu
IMM-2734-95
Jerome A.C.J.
18/12/96
3 pp.
Application to certify question under Immigration Act, s. 83(1)-Respondent born in India in December 1967-Landed as permanent resident in 1975-Convicted of aggravated assault-Also convicted of second degree murder, sentenced to life imprisonment for killing woman at request of husband-Removal order issued against respondent-Immigration Appeal Division staying execution of removal order for period of six years-Application for order setting aside decision of Appeal Division dismissed-Applicant seeking certification of following question: In considering "all the circumstances of the case", does the Immigration Appeal Division of the Immigration and Refugee Board exceed its jurisdiction when it determines victim impact evidence is inadmissible on the basis that such evidence will have no probative value, without first hearing and weighing that evidence?-Only serious questions of general importance can be certified-Must also be determinative of appeal-Matter raising serious question of general importance which transcends interests of immediate parties to litigation-Application allowed-Immigration Act, R.S.C., 1985, c. I-2, s. 83(1).