Date: 20000501
Docket: IMM-1908-00
BETWEEN:
JAIRO HIDALGO CAMACHO
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT AND JUDGMENT
DAWSON J.
[1] Having heard the submissions of counsel and read the material before the Court, it is conceded that the adjudicator erred in fact when stating that the United Nations has declared drug trafficking to be against its goals and principles. However, I do not find that error to be fundamental to the adjudicator"s decision.
[2] It is also my view that the adjudicator erred in construing the mandate of the Parole Board when considering applications for day parole.
[3] Having said that, I have not been persuaded that the adjudicator erred in law in construing his own jurisdiction. He was not bound by bail decisions in the criminal courts or by the 1997 decision of a senior immigration officer made in a different factual context.
[4] On the facts of this case the decision of the National Parole Board was specifically to the effect that if released there were no reasonable grounds to believe the Applicant would commit an offence involving violence before the expiration of his sentence.
[5] Similarly, I have not been persuaded that the adjudicator erred by ignoring relevant evidence or by making a capricious findings of fact.
[6] In my view, the adjudicator"s decision cannot, on the evidence before him, be characterized as being patently unreasonable.
[7] The application for judicial must be dismissed. The Court was much assisted by the arguments of counsel. No question of general importance is raised on this evidenciary record.
JUDGMENT
[8] The application for judicial review is dismissed.
Toronto, Ontario "Eleanor R. Dawson"
May 1, 2000 J.F.C.C.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-1908-00 |
| STYLE OF CAUSE: JAIRO HIDALGO CAMACHO |
| - and - |
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
| DATE OF HEARING: MONDAY, MAY 1, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR JUDGMENT
| AND JUDGMENT BY: DAWSON J. |
DATED: MONDAY, MAY 1, 2000
APPEARANCES: Mr. Munyonzwe Hamalengwa
For the Applicant
Mr. David Tyndale
For the Respondent
| SOLICITORS OF RECORD: Munyonzwe Hamalengwa |
| Barrister & Solicitor |
| 45 Sheppard Avenue East |
Toronto, Ontario
M2N 5W9
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
| FEDERAL COURT OF CANADA |
Date: 20000501
Docket: IMM-1908-00
Between:
| JAIRO HIDALGO CAMACHO |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR JUDGMENT
| AND JUDGMENT |