Frias v. MMI, (1974) 5 N.R. 179 (FCA)

JudgeThurlow, J., MacKay, D.J. and Sweet, D.J.
CourtFederal Court of Appeal (Canada)
Case DateOctober 04, 1974
JurisdictionCanada (Federal)
Citations(1974), 5 N.R. 179 (FCA)

Frias v. MMI (1974), 5 N.R. 179 (FCA)

MLB headnote and full text

Frias v. Minister of Manpower and Immigration

Indexed As: Frias v. Minister of Manpower and Immigration

Federal Court of Appeal

Thurlow, J., MacKay, D.J. and Sweet, D.J.

October 4, 1974.

Summary:

This case arose out of an application by an alien to be admitted into Canada as a landed immigrant. After an inquiry a deportation order was made with respect to the alien because of alleged criminal convictions involving moral turpitude and also because the alien was a member of a prohibited class referred to in the Immigration Act.

On appeal to the Federal Court of Appeal the deportation order was affirmed on the ground that the alien was a member of a prohibited class. The Federal Court of Appeal stated that the deportation order could not be based on the alleged criminal convictions because the alien was not given an opportunity to respond to questions respecting the alleged convictions and also because the alien was not informed that the convictions were possible grounds for deportation - see paragraph 7.

Aliens - Topic 1605

Exclusion and expulsion - Immigration - Deportation of an alien seeking entry into Canada - The Federal Court of Appeal affirmed a deportation order respecting an alien because the alien was a member of a prohibited class referred to in the Immigration Act.

Administrative Law - Topic 2405

Natural justice - Procedure - Notice of subject matter to be considered - An alien applied for admission to Canada as a landed immigrant - At an inquiry the alien was asked about alleged criminal convictions - The Federal Court of Appeal stated that a deportation order could not be based on the alleged criminal convictions because the alien was not given an opportunity to respond to the alleged convictions and also because the alien was not informed that the convictions were possible grounds for deportation - See paragraph 7.

Counsel:

William L.M. Greene, for the applicant;

D.S. Thorson, for the respondent.

This appeal was heard by the Federal Court of Appeal at Toronto, Ontario on October 3 and October 4, 1974. Judgment was delivered by the Federal Court of Appeal on October 4, 1974 and the following opinions were filed:

THURLOW, J. - see paragraphs 1 to 9.

MACKAY, D.J. - see paragraphs 10 to 14.

SWEET, D.J., concurred with THURLOW, J.

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