Date: 19981022
Docket: A-372-95
CORAM: THE CHIEF JUSTICE
LINDEN J.A.
SEXTON J.A.
BETWEEN:
RAJA ISHTIAQ ASGHAR KIANI
Appellant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT
(Delivered orally from the Bench at Toronto, Ontario
on Thursday, October 22, 1998)
LINDEN J.A.
[1] We are all of the view that the Motions Judge correctly decided to dismiss the application for judicial review. The facts before the Adjudicator in this case were more extensive than the facts before the Motions Judge in the Legault case.
[2] In any event, this Court reversed the Motion Judge's decision (1997), 219 N.R. 376 (F.C.A.). To quote Justice MacGuigan's words on the appeal in the Legault case:
| [The Adjudicator] considered this evidence credible or trustworthy in the circumstances of the case, and in my opinion such a decision is entirely within his discretion. Given the evidence before the adjudicator, he could reasonably arrive at the conclusion he did. |
[3] Thus, not only was Justice Gibson correct to distinguish the Motion Judge's reasons in Legault, he was clearly permitted to hold that the Adjudicator had reasonable grounds to believe that the applicant came within section 19(1)(c.1)(ii) of the Immigration Act. Consequently, a conditional deportation order was properly made by the Adjudicator.
[4] The answer to the question asked, that is,
| Whether the adjudicator erred in finding on the basis of the evidence before him that he had reasonable grounds to believe that the applicant had committed outside Canada certain acts or omissions which constituted offenses under the laws of Pakistan within the meaning of subparagraph 19(1)(c.1)(ii) of the Immigration Act R.S.C. 1985, c. 1-2, as amended. |
is in the negative. The adjudicator did not err.
[5] The appeal will be dismissed.
"A.M. Linden"
J.A.
TORONTO, ONTARIO
October 22, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-372-95
| STYLE OF CAUSE: RAJA ISHTIAQ ASGHAR KIANI |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: THURSDAY, OCTOBER 22, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: LINDEN, J.A.
| DATED: THURSDAY, OCTOBER 22, 1998 |
APPEARANCES:
Mr. Michael Crane
For the Appellant
Ms. Leena Jaakkinainen
For the Respondent
SOLICITORS OF RECORD: Michael Crane
Barrister & Solicitor
166 Pearl Street, Suite 200
Toronto, Ontario
M5H 1L3
For the Appellant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
| FEDERAL COURT OF APPEAL |
| Date: 19981022 |
| Docket: A-372-95 |
| BETWEEN: |
| RAJA ISHTIAQ ASGHAR KIANI |
| Appellant |
| -and- |
| HER MAJESTY THE QUEEN |
| Respondent |
| REASONS FOR JUDGMENT |