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A-550-80
Vincent Allen (Applicant) v.
Minister of Employment and Immigration (Respondent)
Court of Appeal, Heald J., MacKay and Kelly D.JJ.—Toronto, October 6 and 8, 1980.
Judicial review — Adjudicator stated, in opening the inqui ry, that he had been advised that an inquiry was to be held concerning applicant — Whether s. 23(3) of Immigration Act, 1976 requires a written direction or a particular document for the initiation of the inquiry — Application for judicial review is dismissed — Immigration Act, 1976, S.C. 1976-77, c. 52, s. 23(3) — Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10. s. 28.
APPLICATION for judicial review. COUNSEL:
Brent Knazan for applicant. Marlene Thomas for respondent.
SOLICITORS:
Knazan, Jackman & Goodman, Toronto, for applicant.
Deputy Attorney General of Canada for respondent.
The following are the reasons for judgment rendered in English by
HEALD J.: The initial submission made by coun sel for the applicant was to the effect that the Adjudicator was without jurisdiction to conduct subject inquiry because, in his submission, there was no evidence in the record to establish that a senior immigration officer, pursuant to section 23(3) of the Immigration Act, 1976, S.C. 1976-77, c. 52 had caused the inquiry to be held. We are all of the opinion that this submission is without merit. At page 2 of the transcript of proceedings of the inquiry, the Adjudicator, in opening the inqui ry, made the following statement: "I've been advised that an Inquiry is to be held concerning Vincent Allen."
In our view, this is evidence indicating that a senior immigration officer had caused an inquiry to be held and that the Adjudicator had been designated to conduct that inquiry. There is noth-
ing in the wording of section 23(3) which requires a written direction or a particular document for the initiation of the inquiry. The section simply requires the senior immigration officer, in the appropriate circumstances to "cause an inquiry to be held." On this record, we are satisfied that a senior immigration officer did cause the inquiry, subsequently conducted by Adjudicator Bruce Tune, to be held.
While holding that the section does not require a written authorization, there would, nevertheless, seem to be some evidence on this record of a written authorization by a senior immigration offi cer. Exhibit C-1 is the section 20 report consisting of two pages and is signed on page 2 thereof by the immigration officer making the report. However, on page 1 of that report there appears to be another and different signature above the printed designation: "Senior Immigration Officer." One might well conclude, therefore, on the basis of this documentation, that a senior immigration officer had, by his signature, authorized the inquiry. However, as stated, supra, as we read section 23(3), a written authorization is not necessary.
The other submissions of counsel for the appli cant related to the conduct of the inquiry itself. We are all of the view, after a careful perusal of the inquiry transcript, that the record in this case fails to disclose any reviewable error in the con duct of the inquiry.
For these reasons, the section 28 application is dismissed.
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MACKAY D.J.: I concur.
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KELLY D.J.: I concur.
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