Date: 19991008
Docket: A-675-95
CORAM: DÉCARY J.A.
LINDEN J.A.
ROBERTSON J.A.
BETWEEN:
GRACIELA FERREIRA LEIVAS
Appellant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Heard at Toronto, Ontario, Friday, October 8, 1999
Judgment delivered orally from the Bench
at Toronto, Ontario on Friday, October 8, 1999
REASONS FOR JUDGMENT BY: DÉCARY J.A.
Date: 19991008
Docket: A-675-95
CORAM: DÉCARY J.A.
LINDEN J.A.
ROBERTSON J.A.
BETWEEN:
GRACIELA FERREIRA LEIVAS
Appellant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario
on Friday, October 8, 1999.)
DÉCARY J.A.
[1] We have not been persuaded that Associate Chief Justice Jerome (as he then was) made any reviewable error, in his decision reported at (1995), 36 Imm. L.R. (2d) 269, when he dismissed an application for judicial review from a decision of an immigration officer. The immigration officer had decided that the appellant was not ready and eligible for landing from within Canada, as he had found her to be a member of the inadmissible class described in paragraph 19(1)(b) of the Immigration Act ("the Act"), R.S.C. 1985, c. I-2 as it then read ( i.e. "persons who there are reasonable grounds to believe are or will be unable or unwilling to support themselves and those persons who are dependant on them for care and support [...]". As a result, the officer had referred the appellant's claim for refugee status for a full hearing before the Convention Refugee Determination Division.
[2] Members of the Trial Division have consistently interpreted the Refugee Claimants Designated Class Regulations, SOR/90-40, in the same way as Jerome A.C.J. (see Gonzales v. Canada (Minister of Citizenship and Immigration) (1994), 87 F.T.R. 150, Rothstein J.; Kaisersingh v. Canada (Minister of Citizenship and Immigration) (1994), 89 F.T.R. 276, Reed J.; Mungeni v. Canada (Minister of Citizenship and Immigration) (1994), 83 F.T.R. 274, Cullen J.; Kusi v. Secretary of State of Canada (11 April 1994), IMM-1790-94 (F.C.T.D.), McGillis J., unreported but cited in Mungeni, supra; and Ali v. Canada (Minister of Citizenship and Immigration) (1995), 28 Imm.L.R. (2d) 308, Richard J. (as he then was).) and we find no reviewable error in that interpretation.
[3] Sections 7 and 15 Charter arguments have no merit.
[4] The appeal will be dismissed with costs.
"Robert Décary"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-675-95
| STYLE OF CAUSE: GRACIELA FERREIRA LEIVAS |
| Appellant |
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
| Respondent |
DATE OF HEARING: FRIDAY, OCTOBER 8, 1999
PLACE OF HEARING: TORONTO, ONTARIO
| REASONS FOR JUDGMENT BY: DÉCARY J.A. |
Delivered at Toronto, Ontario
on Friday, October 8, 1999
APPEARANCES: Mr. Rocco Galati
| For the Appellant |
Ms. Cheryl Mitchell
For the Respondent
| SOLICITORS OF RECORD: Galati, Rodrigues & Associates |
Barristers & Solicitors
203-637 College St.,
Toronto, Ontario
M6G 1B5
| For the Appellant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF APPEAL
Date: 19991008
Docket: A-675-95
BETWEEN:
GRACIELA FERREIRA LEIVAS
Appellant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR JUDGMENT