Date: 19971217
Docket: A-555-96
CORAM: PRATTE J.A.
ROBERTSON J.A.
GRAY D.J.
BETWEEN:
FRANZ ROGER MARTIN
Appellant
- and -
THE MINISTER OF CITIZENSHIP & IMMIGRATION
Respondent
Heard at Toronto, Ontario, Wednesday, December 17th, 1997.
Judgment delivered at Toronto, Ontario, Wednesday, December 17th, 1997.
REASONS FOR JUDGMENT BY: PRATTE, J.A.
Date: 19971217
Docket: A-555-96
CORAM: PRATTE J.A.
ROBERTSON J.A.
GRAY D.J.
BETWEEN:
FRANZ ROGER MARTIN
Appellant
- and -
THE MINISTER OF CITIZENSHIP & IMMIGRATION
Respondent
REASONS FOR JUDGMENT
PRATTE J.A.:
[1] This is an appeal from an order of the Trial Division dismissing an application for judicial review of a decision of the Appeal Division of the Immigration and Refugee Board rejecting the appellant's application to reopen a previous decision of the Board vacating a stay of the removal order made against him.
[2] The question that was certified by the judge of first instance as being of general importance for the purposes of this appeal was formulated as follows:
| "In deciding whether to reopen proceedings, may the Appeal Division of the Immigration and Refugee Board weigh, consider and evaluate the evidence?" |
[3] Both counsel agree that this question, if it is read literally, must be answered in the affirmative. Counsel for the appellant argued, however, that the question should be understood as referring to the manner in which the Board weighed and assessed the evidence in this case. Assuming that the questions must be given that interpretation, we are all of opinion that the Board made no reviewable error in its evaluation of the evidence and in concluding that it was not sufficient to warrant a reopening of the matter.
[4] The appeal will be dismissed.
"Louis Pratte"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-555-96
| STYLE OF CAUSE: FRANZ ROGER MARTIN |
- and -
| THE MINISTER OF CITIZENSHIP |
& IMMIGRATION
DATE OF HEARING: DECEMBER 17, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: PRATTE, J.A.
Delivered at Toronto, Ontario
on Wednesday, December 17, 1997
APPEARANCES:
Ms. Barbara Jackman
For the Appellant
Ms. Marie-Louise Wcislo
For the Respondent
SOLICITORS OF RECORD:
Jackman, Waldman & Associates
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
For the Appellant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
| FEDERAL COURT OF APPEAL |
| Date: 19971217 |
| Docket: A-555-96 |
| BETWEEN: |
| FRANZ ROGER MARTIN |
| Appellant |
| -and- |
| THE MINISTER OF CITIZENSHIP |
| & IMMIGRATION |
| Respondent |
| REASONS FOR JUDGMENT |