Melinte v. Canada ( Minister of Citizenship and Immigration )
IMM-3655-96
Gibson J.
17/7/97
4 pp.
Judicial review of immigration officer's decision applicant not eligible for deferred removal orders class (DROC) as not applying within 120 days of becoming eligible-Applicant filing late because relying on advice provided by official in respondent's Ministry to Member of Parliament-Application dismissed-Neither Immigration Act nor Regulations conferring jurisdiction on immigration officer to extend 120-day period provided by Immigration Regulations, 1978, s. 11.401(a)-Immigration officer not using discretionary power, but fulfilling statutory obligation to reject late filed DROC application-Discretionary power could easily have been provided for-Applicant seeking application of doctrine of legitimate expectation-Doctrine of legitimate expectation not creating substantive rights, only procedural rights-Relief from statutory provision substantive, not procedural-Question certified: Does immigration officer processing application pursuant to DROC regulations have discretion to extend time for filing application, either pursuant to principles of natural justice or fundamental justice, if application filed after 120-day period prescribed by regulations in reliance on erroneous advice provided through Member of Parliament by official in Ministry of Citizenship and Immigration-Immigration Regulations, 1978, SOR/78-172, s. 11.401 (as enacted by SOR/94-681, s. 3).