Dayan v. Minister of Employment and Immigration, (1987) 78 N.R. 134 (FCA)

• Judge: Urie, Stone and MacGuigan, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: February 13, 1987
• Jurisdiction: Canada (Federal)
• Citations: (1987), 78 N.R. 134 (FCA)

Dayan v. MEI (1987), 78 N.R. 134 (FCA)

MLB headnote and full text

Victor Dayan (applicant) v. Minister of Employment and Immigration (respondent)

(No. A-456-86)

Indexed As: Dayan v. Minister of Employment and Immigration

Federal Court of Appeal

Urie, Stone and MacGuigan, JJ.

March 5, 1987.

Summary:

Dayan, a citizen of Israel, was admitted to Canada in 1982 as a visitor. In 1985 an inquiry was held to determine whether Dayan was a member of an inadmissible class, because he was convicted of an offence in Israel, which, if it had been committed in Canada, would have constituted an offence under an Act of Parliament (the Criminal Code), having a maximum term of imprisonment of ten years or more.

An adjudicator concluded that Dayan was convicted in Israel of the offence of either armed robbery or robbery and was a member of an inadmissible class under s. 19(1)(c) of the Immigration Act. Dayan applied for review of the adjudicator's decision.

The Federal Court of Appeal dismissed the application.

Aliens - Topic 1746

Exclusion and expulsion - Immigration - Exclusion - Particular persons - Persons convicted of crime - Dayan applied for immigration to Canada - An adjudicator dismissed his application on the ground that he was a member of an inadmissible class pursuant to s. 19(1)(c) of the Immigration Act, because the evidence showed that he was convicted of robbery or armed robbery in Israel - The Federal Court of Appeal upheld the adjudicator's decision - The court stated that there was ample evidence to support the adjudicator's findings.

Aliens - Topic 1746

Exclusion and expulsion - Immigration - Exclusion - Particular persons - Persons convicted of crime - Section 19(1)(c) of the Immigration Act provided that "no person shall be granted admission if he is a member of any class of persons who has been convicted of an offence that, if committed in Canada, constitutes or, if committed outside Canada, would constitute an offence that may be punishable under any Act of Parliament and for which a maximum term of imprisonment of ten years or more may be imposed" - The Federal Court of Appeal discussed the evidence needed to establish the crime and whether crimes committed outside Canada must be equal to crimes committed inside Canada.

Cases Noticed:

Hill v. Minister of Employment and Immigration (1987), 73 N.R. 315, consd. [para. 8].

Button v. Minister of Employment and Immigration, [1975] F.C. 277; 8 N.R. 545, refd to. [para. 10].

Statutes Noticed:

Criminal Code, R.S.C. 1970, c. C-34, generally [paras. 3, 7, 9, 16]; sect. 303 [paras. 12, 14].

Immigration Act, S.C. 1976, c. 52, sect. 19(1)(c) [para. 1]; sect. 27(2)(a) [paras. 1, 7]; sect. 28 [para. 15].

Counsel:

J.S. Guberman, for the applicant;

A. Burey, for the respondent.

Solicitors of Record:

Green & Spiegel, Toronto, Ontario, for the applicant;

F. Iacobucci, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This application was heard on February 13, 1987, at Toronto, Ontario, before Urie, Stone and MacGuigan, JJ., of the Federal Court of Appeal. The decision of the Court of Appeal was delivered by Urie, J., on March 5, 1987.