Broomes v. Canada ( Minister of Citizenship and Immigration )
IMM-1053-95
Joyal J.
18/1/96
4 pp.
On Immigration Act, s. 114(2) application for processing within Canada of immigration application for landing, immigration officer committed reviewable error-Minister agreeing decision should be quashed and new hearing ordered before another immigration officer-However, applicant also requesting Court issue directions limiting immigration officer's enquiry on humanitarian and compassionate grounds and substantially directing officer to grant landing to applicant-First, when dealing with s. 114(2) application, power exercisable by respondent purely and exclusively discretionary-Second, in judicial review proceedings, Court not court of appeal, nor final arbiter as to how and in what circumstances may be exercised immigration officer's discretion under s. 114(2)-Third, merits of applicant's case not sufficiently conclusive to require giving any direction to immigration officer-Although in Ali v. Minister of Employment and Immigration (1994), 76 F.T.R. 182 (F.C.T.D.), Reed J. suggested judicial review powers under Federal Court Act, s. 18 so extensive as to empower Court to issue such directions, effectively imposing directed verdict, as it were, upon decisionmaker, not appropriate herein-In Sharbdeen v. Minister of Employment and Immigration (1994), 167 N.R. 158 (F.C.A.), Federal Court of Appeal denied judicial review court under s. 18 jurisdiction to go so far as to expressly declare successful applicant to be Convention refugee-Statement of MacKay J. in Argueta v. Canada (Minister of Employment and Immigration), [1994] F.C.J. No. 531 (T.D.) (QL), germane herein: Court neither to assess what its decision might be on evidence before tribunal nor to speculate on result if matter referred for reconsideration, outcome of which dependent upon evidence and argument then before reconsidering tribunal-In circumstances of case, impugned decision of immigration officer should be quashed and applicant entitled to new hearing before different immigration officer-Immigration Act, R.S.C., 1985, c. I-2, s. 114(2) (as am. by S.C. 1992, c. 49, s. 102; 1994, c. 26, s. 36)-Federal Court Act, R.S.C., 1985, c. F-7, s. 18 (as am. by S.C. 1990, c. 8, s. 4).