Date: 19971212
Docket: IMM-2120-96
BETWEEN:
HENRY OSARO EWERE
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Toronto, Ontario
on Thursday December 11, 1997, as edited.)
ROTHSTEIN, J.:
[1] Ms. Tinkler, you have made a valiant effort in attempting to convince me that the judicial review should be allowed; however, I am unable to agree. The Appeal Division cited the Ribic1 test which provides some guidelines for its exercise of discretion in cases under section 70 of the Immigration Act and it applied them to the facts. Your argument goes to whether the Appeal Division properly weighed the evidence and that is not a matter for the Court on judicial review.
[2] With regard to the argument about competence of previous counsel, you have referred to lack of preparation, the absence of rehabilitation reports, and the wife of the applicant only being called as a witness at the last minute without adequate preparation. Indeed these may be arguments that are relevant in proceedings against previous counsel by the applicant in other forums. However, the evidence here is not sufficient to demonstrate, and you do not suggest, that it should have been obvious to the Appeal Division that the applicant was being denied fairness by the proceedings continuing. As the jurisprudence which you cited indicates (e.g. Drummond v. M.C.I., Court File A-771-92, April 11, 1996), the standard to be met to prove a breach of procedural fairness principles is an onerous one when the issue is incompetence of counsel and it has not been met in this case.
[3] The judicial review is dismissed.
"Marshall E. Rothstein"
Judge
Toronto, Ontario
December 12, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-2120-96
| STYLE OF CAUSE: HENRY OSARO EWERE |
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
DATE OF HEARING: DECEMBER 11, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN, J.
DATED: DECEMBER 12, 1997
APPEARANCES:
Ms. Arlene Tinkler
For the Applicant
Mr. Stephen H. Gold
For the Respondent
SOLICITORS OF RECORD:
Ms. Arlene Tinkler
Barrister & Solicitor
Suite 2000, 393 University Avenue
Toronto, Ontario
M5G 1E6
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19971212
Docket: IMM-2120-96
BETWEEN:
HENRY OSARO EWERE
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
__________________
1 Ribic, Marida, v. M.E.I. (I.A.B. T84-9623), D. Davey, Benedetti, Petryshyn, August.20, 1985