Cohen v. Minister of Manpower and Immigration, (1974) 1 N.R. 398 (FCA)

• Judge: Thurlow, J., Hyde, D.J.
• Court: Federal Court of Appeal (Canada)
• Case Date: January 15, 1974
• Jurisdiction: Canada (Federal)
• Citations: (1974), 1 N.R. 398 (FCA)

Cohen v. MMI (1974), 1 N.R. 398 (FCA)

MLB headnote and full text

Cohen v. Minister of Manpower and Immigration

Indexed As: Cohen v. Minister of Manpower and Immigration

Federal Court of Appeal

Thurlow, J., Hyde, D.J.

and Shephard, D.J.

January 15, 1974.

Summary:

This case arose out of a deportation order made by a special inquiry officer pursuant to the provisions of the Immigration Act. The applicant admitted to a conviction of theft. S. 5(d) of the Immigration Act excludes from Canada "persons who have been convicted of or admit having committed any crime involving moral turpitude". On the basis of the applicant's admission the inquiry officer made a deportation order because the applicant was a person who had "committed a crime involving moral turpitude". The Federal Court of Appeal set aside the deportation order because the admission of a conviction of theft did not in itself sustain the conclusion that the applicant "committed a crime involving moral turpitude". The Federal Court of Appeal stated that the inquiry officer failed to observe a principle of natural justice contrary to s. 28 of the Federal Court Act which states:

"28(1) Notwithstanding section 18 or the provisions of any other Act, the Court of Appeal has jurisdiction to hear and determine an application to review and set aside a decision or order, other than a decision or order of an administrative nature not required by law to be made on a judicial or quasi- judicial basis, made by or in the course of proceedings before a federal board, commission or other tribunal, upon the ground that the board, commission or tribunal

(a) failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;

(b) erred in law in making its decision or order, whether or not the error appears on the face of the record; or

(c) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it."

Administrative Law - Topic 2142

Natural justice - Findings not sustainable by the evidence - Deportation order made by an inquiry officer pursuant to the Immigration Act - Whether the applicant was a person liable to be deported because he "committed a crime involving moral turpitude" - The appellant admitted to a conviction of theft - The Federal Court of Appeal set aside the deportation order and held that such an admission does not of itself sustain a conclusion that the applicant "committed a crime involving moral turpitude" - The Federal Court of Appeal stated that the inquiry officer made a finding not sustainable on the material before him contrary to a principle of natural justice - See paragraph 17.

Cases Noticed:

Minister of Manpower and Immigration v. Brooks (1973), 36 D.L.R.(3d) 525, folld. [para. 11].

Statutes Noticed:

Immigration Act, R.S.C. 1970, c. I-2, sect. 5(d) [para. 4].

Counsel:

G.G. Goldstein, for the applicant;

G.O. Eggertson, for the respondent.

The judgment of the court was delivered by HYDE, D.J.