Barnett v. Canada ( Minister of Citizenship and Immigration )
IMM-4280-94
Jerome A.C.J.
22/3/96
6 pp.
Application for order setting aside decision of Adjudication Division of Immigration and Refugee Board holding applicant member of inadmissible class pursuant to Immigration Act, s. 19(1)(c.1)(i)-Applicant convicted of burglary in U.K. in 1977-Applicant argued under provisions of U.K. Rehabilitation of Offenders Act, 1974 he was no longer deemed to have been convicted for offence of burglary, therefore not within inadmissible class of persons under Immigration Act-Adjudicator disagreed-Distinguished Canada (Minister of Employment and Immigration) v. Burgon [1991], 3 F.C. 44 (C.A.) where convicted woman deemed not to be convicted under U.K. Powers of Criminal Courts Act, 1973 and concluded Rehabilitation of Offenders Act not binding in Canada-Application allowed-Adjudicator erred in law in concluding Rehabilitation of Offenders Act not binding in Canada-No solid rationale for refusing to recognize law of U.K.-Immigration Act, R.S.C., 1985, c. I-2, s. 19 (as am. by S.C. 1992, c. 49, s. 11)-Powers of Criminal Courts Act 1973 (U.K.), 1973, c. 62, s. 13(1)-Rehabilitation of Offenders Act 1974 (U.K.), 1974, c. 53.