Date: 20000323
Docket: A-138-98
CORAM: STRAYER J.A.
SEXTON J.A.
EVANS J.A.
BETWEEN:
SEYYED AMIR RAZAVI
Appellant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Heard at Toronto, Ontario on Thursday, March 23, 2000
Judgment delivered at Toronto, Ontario on Thursday, March 23, 2000
REASONS FOR JUDGMENT BY: SEXTON J.A.
Date: 20000323
Docket: A-138-98
CORAM: STRAYER J.A.
SEXTON J.A.
EVANS J.A.
BETWEEN:
SEYYED AMIR RAZAVI
Appellant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario on
Thursday, March 23, 2000)
SEXTON J.A.:
[1] The appellant came to Canada from Iran in November, 1994. On March 16, 1996 the Immigration and Refugee Board ("IRB") rejected his refugee claim, on the basis that he lacked credibility.
[2] On March 27, 1996, the IRB"s decision and reasons were forwarded to the applicant.
[3] On April 16, 1996 the appellant instituted an application for leave and for judicial review of the IRB"s decision. This application was dismissed on August 19, 1996 because the appellant had failed to file a record.
[4] On October 28, 1996 a lawyer wrote on behalf of the appellant to the Minister of Citizenship and Immigration indicating that he had "been approached" by the appellant who intended to retain him and he requested an extension of time to file submissions in support of the appellant"s status as a Post-Determination refugee claimant in Canada ("PDRCC"). The Minister did not reply to the letter.
[5] On December 18, 1996 the lawyer again wrote to the Minister requesting an extension of time. At no time did the appellant in fact make any submissions despite having had at least eight months to do so.
[6] The appellant received a letter dated December 19, 1996 indicating that his deemed application for landing as a member of the PDRCC class had been rejected.
[7] The appellant"s application for judicial review of the alleged failure of an Immigration Officer to consider the request for an extension of time was dismissed by McGillis J. who then certified the following question:
| Does the failure of a Post Claim Determination Officer to consider a request to extend the time limits prescribed in subsections 11.4(3), (4) and (5) of the Immigration Regulations, 1978, prior to making a decision on a deemed application for landing as a member of the Post Determination Refugee Claimants in Canada class, constitute a breach of an unsuccessful refugee claimant"s rights under section 7 of the Charter ? |
Both parties, as well as McGillis J., appear to have assumed that an extension of time was necessary in order for the appellant to make submissions.
[8] There is no evidence before the Court as to whether the letter requesting an extension of time was ever received by or seen by the decision-making officer prior to making the decision in question, nor was there evidence that there was any refusal to consider any request for an extension of time. Similarly, there is no evidence that the immigration officer considered that any extension of time was necessary in order for the appellant to make submissions. There are no findings by the Motions Judge on these matters either.
[9] Therefore, there is an insufficient fact base in order to answer the question posed by the Motions Judge.
[10] Because there was no evidence of any refusal to receive submissions nor of any refusal to extend the time, there is no foundation for any argument that the appellant"s Charter rights have been violated.
[11] The appeal is dismissed.
"J. E. Sexton"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| DOCKET: A-138-98 |
| STYLE OF CAUSE: SEYYED AMIR RAZAVI |
| - and - |
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
DATE OF HEARING: THURSDAY, MARCH 23, 2000
PLACE OF HEARING: TORONTO, ONTARIO
| REASONS FOR JUDGMENT BY: SEXTON J.A. |
Delivered at Toronto, Ontario on
Thursday, March 23, 2000
APPEARANCES: Mr. Micheal Crane
| For the Appellant |
Ms. Ann Margaret Oberst
| For the Respondent |
| SOLICITORS OF RECORD: Micheal T. Crane |
| Barrister & Solicitor |
| 200-166 Pearl St., |
| Toronto, Ontario |
| M5H 1L3 |
| For the Appellant |
| Morris Rosenberg |
Deputy Attorney General of Canada
| For the Respondent |
FEDERAL COURT OF APPEAL
Date: 20000323
Docket: A-138-98
BETWEEN:
| SEYYED AMIR RAZAVI |
Appellant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR JUDGMENT