Leung v. Canada ( Minister of Citizenship and Immigration )
IMM-1061-97
Gibson J.
20/4/98
8 pp.
Judicial review of Vice-consul's decision rejecting application for permanent residence in independent category as accountant-Applicant convicted in 1989 in Hong Kong of theft, forgery, uttering forged document-Immigration Act, s. 19(1)(c.1)(i) prohibiting admission of persons convicted outside Canada of offences that if committed in Canada would be punishable by maximum term of imprisonment of 10 years or more "except persons who have satisfied the Minister that they have rehabilitated themselves"-Minister refusing approval of application for rehabilitation without reasons, despite visa officer's strong support thereof-Vice-consul determining applicant inadmissible under s. 19(1)(c.1)(i)-Applicant submitting obligation on visa officer to enquire as to basis of Minister's decision, to ensure all relevant information before Minister-Relying by analogy on decisions in respect of situations where valid medical opinions binding on visa officers unless opinion invalid because involving patently unreasonable error of fact, inconsistency or incoherence or generated in manner contrary to principles of natural justice: Fei v. Canada (Minister of Citizenship and Immigration), [1998] 1 F.C. 274 (T.D.)-Application dismissed-Discretionary responsibility for being satisfied as to rehabilitation vested in Minister-Not for official in Minister's department of government to question basis of Minister's lack of satisfaction-Minister not in comparable position to medical officer in Public Service or under contract to Minister's department-Question certified: Is visa officer under duty to question reasonableness of Minister's decision made pursuant to s. 19(1)(c.1)(i) where on face of record decision may be unreasonable?-Immigration Act, R.S.C., 1985, c. I-2, s. 19(1)(c.1)(i) (as am. by S.C. 1992, c. 49, s. 11).