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T-3373-79
Kingsley Udoro Akpanson (Petitioner)
v.
Minister of Employment and Immigration (Respondent)
and
C. J. Bourget and Rolland Duval (Mis -en-cause)
Trial Division, Decary J.—Montreal, September 17; Ottawa, December 6, 1979.
Prerogative writs — Certiorari — Mandamus — Immigra tion — Petitioner's student status changed to that of visitor because required documents not produced — Petitioner not advised what documents were required and what standards are relied on for granting of student visa — At hearing, held because petitioner overstayed as a visitor, Adjudicator decided that he had no right to examine Immigration Officer's decision or to call him — Certiorari sought — Mandamus to issue ordering Adjudicator to call Immigration Officer to be examined.
APPLICATION. COUNSEL:
Norton Segal for petitioner. Daniel Marecki for respondent.
SOLICITORS:
Lech ter & Segal, Montreal, for petitioner.
Deputy Attorney General of Canada for respondent.
The following are the reasons for order ren dered in English by
DECARY J.: The petitioner requests the issue of a writ of certiorari in view of the following facts: he entered Canada as a visitor on January 18, 1973; three months later he received student status which was renewed several times, the last time on October 13, 1978 to be valid until November 24, 1978; on November 21, 1978, three days before the expiration of his student status, he attended at the Immigration office and then produced docu ments, one showing that he was a student at Concordia University enrolled in 2nd-3rd year
computer sciences, and another one being a letter from a bank showing that he had $3,000 in his bank account; the immigration officer was not satisfied with these documents and changed his status to that of visitor, to be valid until November 28, 1978, that is for six days; petitioner had had then student status for five years and 6 months in Canada; on November 29, 1978, he attended at Immigration establishing that he had remained in Canada after he had ceased to be a visitor; a report was made leading to a hearing before the Adjudicator on June 19, 1979; two questions were asked the Adjudicator:
1. whether he had the jurisdiction to examine the decision of the immigration officer who refused the extension of petitioner's student status and whether he had the jurisdiction to vary or change that decision if he considered it necessary;
2. asked permission to call the immigration offi cer who refused the extension of the student status to determine why it was refused.
The Adjudicator's decision was that he had no right to examine the decision of the immigration officer and consequently should not call him to be examined.
It is my opinion that petitioner has the right to know the reason why his student visa is not extend ed further after having been granted that status for five years and six months; he should be advised otherwise than by an evasive "he did not produce the documents required" as appears in the report, and should be told what are the documents required and the standards relied upon for grant ing a student visa.
It is my opinion that these facts, as I see them, call for a writ of mandamus rather than one of certiorari, and therefore an order will go to issue a writ of mandamus ordering that the Adjudicator call the immigration officer who signed the report under section 27(2) of the Immigration Act, 1976, 1976-77, c. 53, dated the 15th day of December 1978 to be examined.
ORDER
It is hereby ordered that a writ of mandamus be issued ordering Claude Bourget, Adjudicator acting on the inquiry started June 19, 1978, to summon the immigration officer who signed the report made under the provisions of section 27(2) of the Immigration Act, 1976, dated December 15, 1978, to appear as a witness to be examined and cross-examined as need there be.
Costs to be paid by respondent.
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