IMM-1180-96
Between:
HOANG VAN CHU,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Respondent.
REASONS FOR ORDER WITH RESPECT
TO CERTIFICATION
REED, J.
On August 28, 1997, submissions were heard from counsel for the plaintiff with respect to the certification of two questions. These became, after re-drafting:
| 1. Do diffferent procedural requirements apply when the subject of a "danger to the public" opinion, pursuant to s. 70(5) of the Immigration Act, is a convention refugee? |
| 2. Does consideration by a decision maker of documentary evidence, regarding country information, that has been neither specifically identified for nor a copy provided to the convention refugee, who is the subject of a "danger to the public" opinion pursuant to s. 70(5) of the Immigration Act, offend the principals of natural justice, procedural fairness or fundamental justice? |
I was not persuaded that there is an arguable issue raised by question one. With respect to question two, I was advised that this same issue has been certified in a number of cases, albeit in a differenct context: see Mancia v. Minister of Citizenship and Immigration, IMM-714-96 (decision dated January 13, 1997), Nadarajah v. Canada (Minister of Citizenship and Immigration) (1996), 112 F.T.R. 296, and Xavier v. Canada (Minister of Citizenship and Immigration) (1996), 120 F.T.R. 131.
For the sake of consistency, then, it is reasonable to also certify a question in this case. Even apart from considerations of consistency, however, I consider there to be a serious issue of general importance involved, the answer to which would be determinative of the applicant's case.
(Sgd.) "B. Reed"
Judge
NAMES OF COUNSEL AND SOLICITORS OF RECORD
STYLE OF CAUSE: HOANG VAN CHU
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
COURT NO.: IMM-1180-96
PLACE OF HEARING: Vancouver, BC
DATE OF HEARING: AUGUST 28, 1996
REASONS FOR ORDER OF REED, J.
dated August 28, 1997
HEARD BY TELECONFERENCE
APPEARANCES:
Mr. Peter Golden for Applicant
Ms. Leigh Taylor for Respondent
SOLICITORS OF RECORD:
Peter Golden, Barrister & Solicitor for Applicant
Victoria, BC
George Thomson for Respondent
Deputy Attorney General
of Canada