Barreira v. Canada (Minister of Citizenship and Immigration)
Court headnote
Barreira v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-10-09 Neutral citation 2002 FCT 1053 File numbers IMM-5519-01 Decision Content Date: 20021009 Docket: IMM-5519-01 Neutral citation: 2002 FCT 1053 Toronto, Ontario, Wednesday, the 9th day of October, 2002 PRESENT: The Honourable Madam Justice Layden-Stevenson BETWEEN: JOSE M. BARREIRA (a.k.a. JOSE MANUEL BARREIRA) Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] The applicant seeks judicial review of the decision of the Immigration Appeal Division of the Immigration and Refugee Board (the IAD) dated October 11, 2001. The IAD determined that: "the stay of removal is cancelled and that the appeal against the Deportation Order issued on September 22nd, 1995 is dismissed". [2] The applicant alleges that the IAD breached the principles of natural justice by denying him an adjournment and proceeding with the oral review of the terms and conditions of the stay, in the absence of counsel, when the record disclosed on its face that the applicant was incapable of representing himself. [3] The court will not interfere with a discretionary decision of the IAD if the discretion has been exercised bona fide, is uninfluenced by irrelevant considerations and is not exercised arbitrarily or illegally, even if the court might have decided otherwise. [4] Despite the articulate and courteous submissions of counsel for the respond…
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Barreira v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-10-09 Neutral citation 2002 FCT 1053 File numbers IMM-5519-01 Decision Content Date: 20021009 Docket: IMM-5519-01 Neutral citation: 2002 FCT 1053 Toronto, Ontario, Wednesday, the 9th day of October, 2002 PRESENT: The Honourable Madam Justice Layden-Stevenson BETWEEN: JOSE M. BARREIRA (a.k.a. JOSE MANUEL BARREIRA) Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] The applicant seeks judicial review of the decision of the Immigration Appeal Division of the Immigration and Refugee Board (the IAD) dated October 11, 2001. The IAD determined that: "the stay of removal is cancelled and that the appeal against the Deportation Order issued on September 22nd, 1995 is dismissed". [2] The applicant alleges that the IAD breached the principles of natural justice by denying him an adjournment and proceeding with the oral review of the terms and conditions of the stay, in the absence of counsel, when the record disclosed on its face that the applicant was incapable of representing himself. [3] The court will not interfere with a discretionary decision of the IAD if the discretion has been exercised bona fide, is uninfluenced by irrelevant considerations and is not exercised arbitrarily or illegally, even if the court might have decided otherwise. [4] Despite the articulate and courteous submissions of counsel for the respondent, I have been persuaded by the submissions of counsel for the applicant that the decision with respect to the adjournment was influenced by irrelevant considerations. Additionally, having carefully reviewed the transcript of the proceedings, I am satisfied that the applicant was prejudiced by not having been granted an adjournment and did not, in the circumstances, obtain a fair hearing. There was, therefore, a breach of natural justice. [5] For these reasons, the application for judicial review is allowed and the matter is remitted back for hearing by the IAD before a differently constituted panel. [6] Counsel posed no question for certification. No question will be certified as this matter raises no serious question of general importance. ORDER IT IS HEREBY ORDERED THAT: 7. The application for judicial review is allowed. 8. The matter is remitted back for hearing by the IAD before a differently constituted panel. 9. No question is certified. "Carolyn Layden-Stevenson" J.F.C.C. FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-5519-01 STYLE OF CAUSE: JOSE M. BARREIRA (a.k.a. JOSE MANUEL BARREIRA) Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: WEDNESDAY, OCTOBER 9, 2002 REASONS FOR ORDER AND ORDER BY: LAYDEN-STEVENSON J. DATED: WEDNESDAY, OCTOBER 9, 2002 APPEARANCES: Mr. Bola Adetunji For the Applicant Mr. Matthew Oomman For the Respondent SOLICITORS OF RECORD: Mr. Bola Adetunji Barrister-At-Law Carlton on the Park Suite 313-120 Carlton Street Toronto, Ontario M5A 4K2 For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20021009 Docket: IMM-5519-01 BETWEEN: JOSE M. BARREIRA (a.k.a. JOSE MANUEL BARREIRA) Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca