Escamilla v. Canada ( Solicitor General )
Imm-1320-93
Gibson J.
2/9/93
13 pp.
Application for judicial review of Immigration and Refugee Board decison applicant not having right to come into or remain in Canada and of conditional deportation order -- Applicant claiming Convention refugee status upon arrival from El Salvador in 1987 -- When claim rejected, applied for redetermination -- Married Canadian citizen who gave undertaking of assistance -- Application for permanent residence disclosing 1984 conviction for assaulting police officer outside Canada -- Application for redetermination of refugee claim withdrawn -- Recommendation for Order in Council exempting applicant from requirements of s. 9(1) i.e. authority for applicant to apply for permanent residence from within Canada, indicating case being "processed favourably" -- Words "all other necessary requirements have been met including Security if necessary" deleted -- Order in Council issued -- Immigration officer concluding conviction rendering applicant inadmissible, and reporting to Deputy Minister under ss. 27(2)(a), 19(2)(a), although report not further pursued -- In 1991 applicant convicted of sexual assault in British Columbia -- Giving rise to Immigration Act, ss. 27(2)(a),(d), 19(1)(c) report, in turn giving rise to proceedings resulting in decision under review -- Application dismissed -- Dass v. Canada (Minister of Employment and Immigration), [1993] 2 F.C. 337 (T.D.) distinguished -- Combination of words and deletion leaving it open to Department to verify accuracy of information provided by applicant, pursue detailed information to supplement information provided by applicant before confirming all requirements met -- Information provided by applicant about earlier conviction outside Canada not fully assessed at time of submission to Governor in Council -- Further investigation leading to conclusion conviction rendering applicant inadmissible to Canada -- Information upon which recommendation for Order in Council based inaccurate or insufficient -- Basis for refusal to continue to process application for landing need not be found in post-Order in Council conviction in Canada -- Application statute barred by earlier conviction and Order in Council not overriding statutory bar -- Following subsequent conviction in 1991, Adjudicator correct in proceeding under Immigration Act, s. 27(2) instead of s. 27(1) since applicant person in Canada other than citizen or permanent resident -- Doctrines of estoppel, legitimate expectations not applicable -- Officials obliged to apply law -- If expectations built inappropriately, applicant's recourse not extending to authorizing officials to act otherwise than in accordance with statutory duty -- As applicant not granted landing and no obligation to grant him landing, Adjudicator required to proceed with inquiry pursuant to s. 27(2) -- Conditional deportation order in accordance with law -- Deputy Minister having choice to proceed on basis of offence committed within Canada for which applicant convicted after Order in Council issues rather than to proceed on basis of earlier report under s. 19(2)(a) in respect of offence committed outside Canada -- Whichever report relied upon, inquiry properly conducted under s. 27(2) since applicant not Canadian citizen or permanent resident -- Applicant effectively barred at all relevant times by s. 19(2)(a) -- Immigration Act, R.S.C., 1985, c. I-2, ss. 9, 19, 27.