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A-251-75
Dropatie Hylatchmie Ramjit (Applicant) v.
Minister of Manpower and Immigration (Respondent)
Court of Appeal, Thurlow and Urie JJ. and MacKay D.J.—Toronto, June 20, 1975.
Judicial review—Citizenship and immigration—Deporta- tion—Document marked "Exhibit A" not direction pursuant to which inquiry held—Non-compliance with Immigration
Inquiries Regulations, Rule 7(b)=No indication that direction issued by proper party—Immigration Inquiries Regulations, Rule 7(b)—Federal Court Act, s. 28.
JUDICIAL review. COUNSEL:
L. Kearley.for applicant.
E. A. Bowie for respondent.
SOLICITORS:
Laurence Kearley, Toronto, for applicant. Deputy Attorney General of Canada for respondent.
The following are the reasons for judgment delivered orally in English by
THURLOW J.: In our opinion the document marked "Exhibit A", which appears in the record before us, does not correspond to what is described in the transcript of proceedings as being the direc tion pursuant to which the inquiry was being held and which was then read. As the report of the inquiry contains no note of the filing as "Exhibit A" of the direction so read, it does not appear to us to be established either that the document marked "Exhibit A" was the direction pursuant to which the inquiry was held or that Rule 7(b) of the Immigration Inquiries Regulations was complied with.
Moreover, in our opinion, nothing in the record shows that the person who issued the direction that was read at the inquiry was the Director of Immi gration or a person authorized by the Minister to act for the Director of Immigration.
The deportation order is therefore set aside.
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