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A-524-80
Jim Martin Kwesi Mensah (Applicant)
v.
Minister of Employment and Immigration and the Immigration Appeal Board (Respondents)
Court of Appeal, Pratte and Urie JJ., MacKay D.J.—Winnipeg, March 10, 1981.
Judicial review — Immigration — Application to review and set aside decision of Immigration Appeal Board that applicant is not a Convention refugee — Whether decision vitiated by the irregularity of Minister's decision made pursu ant to s. 45 of the Immigration Act, 1976 — Application dismissed — Immigration Act, 1976, S.C. 1976-77, c. 52, ss. 45, 71(1), 123 — Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 28.
APPLICATION for judicial review. COUNSEL:
David Matas for applicant. Brian Hay for respondents.
SOLICITORS:
David Matas, Winnipeg, for applicant. Deputy Attorney General of Canada for respondents.
The following are the reasons for judgment of the Court delivered orally in English by
PRATTE J.: This is a section 28 application to review and set aside a decision of the Immigration Appeal Board, made pursuant to subsection 71(1) of the Immigration Act, 1976, S.C. 1976-77, c. 52, determining that the applicant is not a Convention refugee.
The applicant's main argument was that the decision of the Board was vitiated by the irregularity of the decision made by the Minister pursuant to section 45.
The applicant first said that the Minister's determination was void by reason of the Minister's failure, before making his determination, to give the applicant an opportunity to respond to the
objections that he, the Minister, had to the appli cant's claim. In order to dispose of that contention, it is sufficient to say that a careful reading of sections 45 and following of the Immigration Act, 1976 shows clearly that Parliament did not intend to subject either the Minister or the Refugee Status Advisory Committee to the procedural duty of fairness invoked by the applicant.
The applicant also said that the Minister's determination was irregular because it had not been made by the Minister himself but by a person to whom the Minister had expressly delegated the power conferred on him by subsection 45(4) of the Act. This contention fails since that delegation of power was clearly authorized by section 123.
Another ground of attack of the applicant was that the Board had failed to consider a request which he had made that his application to the Board be stayed until the decision of certain pro ceedings in the Trial Division. This argument must also be rejected since this was not a case where the Board was under any duty to stay or adjourn the proceedings before it.
The applicant also submitted that the reasons of the Board disclosed a number of factual and legal errors. It is not necessary to specify what those alleged errors were since, in our view, the appli cant has failed to show that they had, in fact, been committed by the Board.
Finally, the applicant contended that the reasons of the Board were so inadequate as to nullify its decision. As we indicated from the Bench, a mere reading of the reasons of the Board shows the lack of merit of that submission.
For those reasons, the application will be dismissed.
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