Filipe v. Minister of Employment and Immigration, (1988) 97 N.R. 317 (FCA)

JudgeHeald and Reed, JJ., and McQuaid, D.J.
CourtFederal Court of Appeal (Canada)
Case DateJune 02, 1988
JurisdictionCanada (Federal)
Citations(1988), 97 N.R. 317 (FCA)

Filipe v. MEI (1988), 97 N.R. 317 (FCA)

MLB headnote and full text

Joao Jose Filipe (applicant) v. Minister of Employment and Immigration (respondent)

(No. A-859-87)

Indexed As: Filipe v. Minister of Employment and Immigration

Federal Court of Appeal

Heald and Reed, JJ., and McQuaid, D.J.

July 6, 1988.

Summary:

An Immigration Appeal Board determined that an alien was not a convention refugee. The alien applied under s. 28 of the Federal Court Act for a review of the Board's decision.

The Federal Court of Appeal dismissed the application.

Aliens - Topic 1856

Exclusion and expulsion - Immigration Appeal Board - Evidence - Documentary evidence - Rule 23(2)(a) of the Immigration Appeal Board Rules (Convention Refugees) 1981 required that documentary evidence proposed to be filed before an Immigration Appeal Board be supported by affidavit or statutory declaration - The Federal Court of Appeal affirmed that the failure to comply with rule 23(2)(a) merely affected the credibility and trustworthiness (weight) of the evidence, rather than its admissibility.

Cases Noticed:

Jolly v. Minister of Manpower and Immigration, [1975] F.C. 216; 7 N.R. 271, refd to. [para. 10].

Statutes Noticed:

Immigration Act, R.S.C. 1952, c. 325, sect. 26(3) [para. 10].

Immigration Act, S.C. 1976-77, c. 52, sect. 30(2) [paras. 9-10]; sect. 65 [paras. 7-8]; sect. 65(2)(c) [para. 9]; sect. 67 [paras. 6, 8].

Immigration Act Rules, Immigration Appeal Board Rules (Convention Refugees), 1981, rule 23(2)(a) [paras. 3, 5-6, 8, footnote 1].

Immigration Appeal Board Rules (Convention Refugees), 1981 - see Immigration Act Rules.

Counsel:

Stuart B. Scott, for the applicant;

Urszula Kaczmarczyk, for the respondent.

Solicitors of Record:

Stuart B. Scott, Toronto, Ontario, for the applicant;

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

This application was heard before Heald and Reid, JJ., and McQuaid, D.J., of the Federal Court of Appeal, at Toronto, Ontario, on June 2, 1988. The decision of the Court of Appeal was delivered at Ottawa, Ontario, on July 6, 1988, by McQuaid, D.J.

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