Portillo v. Canada ( Minister of Citizenship and Immigration )
IMM-337-98
MacKay J.
2/6/99
12 pp.
Application for judicial review of decision to remove applicant from Canada to allegedly "unsafe" country for applicant, where no opinion has been formed pursuant to Immigration Act, s. 53(1) that applicant danger to public, and where removal prohibited pursuant to Immigration Act, s. 50(1) (as conflicting with B.C. Provincial Court orders)-Applicant removed to El Salvador before present application heard-Applicant involved in guerrilla activities in El Salvador before fleeing to Mexico because of fear of persecution-There recognized by Canada as Convention refugee and later granted landing in Canada in 1984-Convicted of criminal activities in Canada (principally possession or trafficking in narcotics)-In June 1995, CRDD determined applicant not Convention refugee as did not have reasonable possibility of persecution in El Salvador and as excluded from Convention refugee status-Applicant notified danger opinion would be requested pursuant to Act, s. 53(1), but danger opinion later issued pursuant to Act, s. 70(5)-Two children born in Canada of his common law relationship with Canadian citizen-B.C. Provincial Court ordered two children to be within sole interim custody of applicant, and later, Court ordered one of children be placed in custody of provincial Director of Child, Family and Community Services, with applicant to have reasonable access to child-Issues concerning applicant's status as Convention refugee despite negative determination by CRDD; lawfulness of removal from Canada in view of Minister's failure to conclude, pursuant to Immigration Act, s. 53(1), that applicant constituted danger to public in Canada; whether removal from Canada prohibited pursuant to Act, s. 50(1) in view of provincial court orders-Application dismissed-No necessity to resolve whether CRDD's decision should be set aside (in view of original granting of Convention refugee status when applicant in Mexico) or its effect upon applicant's status as when decision made, applicant not simply Convention refugee, but permanent resident, and latter status not affected by CRDD decision-Even if applicant still Convention refugee, nothing precluding removal-However, applicant permanent resident, and by reason of Minister's danger opinion, lost opportunity to appeal deportation order (Act, s. 70(5))-Therefore subject to removal by Minister, acting under deportation order originally issued as conditional order in 1993-Removal from Canada lawful and in accord with Act and regulations-Finally, removal of applicant from Canada did not "directly result" in contravention of B.C. Provincial Court orders herein-Court to be advised about questions for certification-Immigration Act, R.S.C., 1985, c. I-2, ss. 50(1), 53(1) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 17; S.C. 1992, c. 49, s. 43; 1995, c. 15, s. 12), 70(5) (as enacted idem, s. 13).