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Date: 19971216


Docket: IMM-1057-96

Winnipeg, Manitoba, Tuesday, this 16th day of December, 1997

PRESENT:      THE HONOURABLE MR. JUSTICE ROTHSTEIN

BETWEEN:

     JOSE LUIS CORREIRA

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     ORDER

     The application for judicial review is dismissed.

     "Marshall E. Rothstein"

     Judge


Date: 19971216


Docket: IMM-1057-96

BETWEEN:

     JOSE LUIS CORREIRA

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR ORDER

ROTHSTEIN, J.

[1]      On this subsection 70(5) of the Immigration Act case there are two issues. The first is whether the Minister received all the material which was submitted in response to the Minister's invitation for submissions from the applicant. The evidence is not beyond doubt either way. However, the problem seems to have arisen by a portion of the materials on behalf of the applicant initially being sent to the wrong recipient, those materials being returned in disarray and an assistant making a fresh copy of all material from the file. The assistant said there was a "slim possibility" that she did not forward all the material to the Minister. The respondent's deponent simply says that he received 29 pages of material which did not include all the material the applicant says was submitted. There is no reason for the Minister's officials not providing all information received to the Minister and no evidence of negligence or carelessness on the part of the Minister's officials. On a balance of probabilities I have to conclude that the material in question was not submitted and there was no denial of procedural fairness in the Minister deciding the matter on the material before him.

[2]      The second issue is whether, in view of the fact the applicant had been convicted of murder and is not eligible for parole until the year 2011, the Minister's danger opinion is invalid for prematurity. Nothing in subsection 70(5) precludes issuance of a danger opinion when an applicant is in jail [see Gillespie v. MCI, IMM-1046-96, August 20, 1997]. Nor does subsection 70(5) suggest that the Minister is without power to exercise her discretion under that subsection at any time. It seems somewhat incongruous to think that the Minister could not exercise her discretion with respect to a danger opinion in respect of a person convicted of an offence so serious that he is ineligible for parole for 15 years, but not be so constrained in respect of persons convicted of less serious crimes.

[3]      The application for judicial review is dismissed.

     "Marshall E. Rothstein"

     Judge

Winnipeg, Manitoba

December 16, 1997


Date: 19971216


Docket: IMM-1057-96

BETWEEN:

     JOSE LUIS CORREIRA

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

Heard at Winnipeg, Manitoba, December 16, 1997

Order delivered at Winnipeg, Manitoba, December 16, 1997

REASONS FOR ORDER BY:      ROTHSTEIN, J.

     FEDERAL COURT OF CANADA

     TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO.:                  IMM-1057-96

STYLE OF CAUSE:              JOSE LUIS CORREIRA

                         v.

                         THE MINISTER OF CITIZENSHIP AND                          IMMIGRATION

PLACE OF HEARING:              Winnipeg, Manitoba

DATE OF HEARING:              December 16, 1997

REASONS FOR ORDER

OF THE COURT:                   ROTHSTEIN, J.

                        

                        

DATED:                      December 16, 1997

APPEARANCES:

Renata Krause      for the Applicant

Duncan Fraser      for the Respondent

Dept. of Justice

301-310 Broadway

Winnipeg, Manitoba

SOLICITORS OF RECORD:

Renata Krause

Barrister & Solicitor      for the Applicant

635 Broadway

Winnipeg, Manitoba

R3C 0X1

Mr. George Thomson, Q.C.

Deputy Attorney General of Canada      for the Respondent

     FEDERAL COURT OF TRIAL


Date: 19971216


Docket: IMM-1057-96

BETWEEN:

JOSE LUIS CORREIRA

-and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

    

     REASONS FOR ORDER

    

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