Federal Court Decisions

     Date: 19971016

     Docket: IMM-3796-96

BETWEEN:

     KLINS HAGAN

     Applicant

     AND:

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR ORDER0

     (delivered from the Bench at Montreal, Quebec

     on Wednesday, October 15, 1997)

HUGESSEN, J.

[1]      The only decision which is under attack in these proceedings is the letter from the Minister's delegate dated 27 September 1996 refusing to grant the Applicant exemption from the requirements of subsection 9(1) of the Act, ie. that he must apply for permanent

residence from abroad. His previous Post Determination Refugee Claim had been turned down more then 9 months previously; it was not attacked at that time and is not now in issue here.

[2]      The Applicant was seeking a privilege for himself which is not granted to others. The decision is discretionary and the consequences for the Applicant far less serious than those flowing from the refusal of his Post Determination Claim. The procedural requirements are minimal¹. There is no evidence to support a finding of bad faith, failure to consider relevant material or consideration of irrelevant material. The application will be dismissed.

[3]      I invite counsels to submitt their views as to the possible certification of a question.

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[4]      [Later] After hearing counsel for the Applicant I do not find that there is any question worthy of certification pursuant to section 83 of the Immigration Act.

     James K. Hugessen

     Judge

MONTREAL, QUEBEC

October 16, 1997

                 IMM-3796-96

     KLINS HAGAN

    

    

    

                     Applicant

        

     THE MINISTER OF CITIZENSHIP AND

     IMMIGRATION

    

                     Respondent

             REASONS FOR ORDER

     FEDERAL COURT OF CANADA

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO:                  IMM-3796-96

STYLE OF CAUSE:              KLINS HAGAN

     Applicant

                     AND:

                     THE MINISTER OF CITIZENSHIP

                     AND IMMIGRATION

     Respondent

PLACE OF HEARING:      Montreal, Quebec

DATE OF HEARING:      October 15, 1997

REASONS FOR ORDER BY:      The Honourable Mr. Justice Hugessen

DATED:          October 16, 1997

APPEARANCE:          Me Stewart Istvanffy      for the Applicant

         Me Ian Hicks          for the Respondent

SOLICITORS OF RECORD:

         Me Stewart Istvanffy                      for the Applicant

         Montreal, Quebec             

         George Thomson

         Deputy Attorney General

         of Canada

         Ottawa, Ontario          for the Respondent

__________________

¹      Shah vs M.E.I., 170, N.R. 238 (CA)      Dasent vs Canada, 193, N.R. 303 (CA)