[2011] 3 F.C.R. D-1
Citizenship and Immigration
Exclusion and Removal
Inadmissible Persons
Security Certificate
Appeal from Federal Court decision (2010 FC 870) dismissing appellant’s application to “review” release conditions under Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 82(4) or alternatively to “vary” terms, conditions of release under s. 82.1(1)—Federal Court certifying two questions regarding review of release conditions—Appellant subject to security certificate, released from detention on conditions since reviewed on regular basis—Present application for review brought prematurely, before expiry of six months from day on which appellant’s last review order issued—Federal Court not misconstruing Act, s. 82.1, phrase “conclusion of the preceding review” in s. 82(4)—Deeming provision in s. 82.1(2) having limited application because, although variation based on material change in circumstances may be sought at any time, it was thought logical, given close connection between review, variation proceedings, to compute six-month time period for next review by referring to date of order—This was achieved by deeming preceding review under Act, s. 82(2), (3) or (4) to have concluded on day on which variation decision made rather than earlier date when decision on preceding review in fact made—Absent clear indication to contrary, reference to “decision made under subsection (1)” in Act, s. 82.1(2) is to decision made under provision in which reference occurs, i.e. s. 82.1(1)—Nothing in Act displacing this interpretative presumption—Appellant’s argument that “conclusion of the preceding review” ordinarily understood as close of evidence, pleadings, rejected—Federal Court correctly holding that proceeding concluded at time decision rendered, that appellant failing to demonstrate “material change in circumstances” within meaning of Act, s. 82.1(1)—Appeal dismissed.
Jaballah (Re) (A-392-10, 2011 FCA 175, Noël J.A., judgment dated May 24, 2011, 10 pp.)