Maricic v. Canada (Minister of Citizenship and Immigration), (2002) 219 F.T.R. 229 (TD)

• Judge: Rouleau, J.
• Court: Federal Court (Canada)
• Case Date: April 29, 2002
• Jurisdiction: Canada (Federal)
• Citations: (2002), 219 F.T.R. 229 (TD)

Maricic v. Can. (M.C.I.) (2002), 219 F.T.R. 229 (TD)

MLB headnote and full text

Temp. Cite: [2002] F.T.R. TBEd. MY.028

Ivan Maricic (applicant) v. The Minister of Citizenship and Immigration (respondent)

(IMM-1832-02; 2002 FCT 510)

Indexed As: Maricic v. Canada (Minister of Citizenship and Immigration)

Federal Court of Canada

Trial Division

Rouleau, J.

May 3, 2002.

Summary:

Maricic sought to stay the execution of a removal order issued against him and ordering him to be removed from Canada without delay.

The Federal Court of Canada, Trial Division, dismissed the application.

Aliens - Topic 1327

Admission - Refugees - Time for claim to refugee status - Maricic was intercepted at an airport with a false seaman's passport - He was interviewed by senior immigration officers who issued an exclusion order against him - He was read his rights - He then attempted to claim convention refugee status based on a fear of persecution but was advised it was too late to do so - He sought to stay the execution of a removal order until his refugee claim could be heard - Section 44(1) of the Immigration Act provided that a person was ineligible to have a claim for refugee status determined if the person was subject to a nonexecuted removal order - The Federal Court of Canada, Trial Division, dismissed the application - Section 44 precluded a senior immigration officer from re-opening a decision to exclude - There was no duty on the interviewing immigration officers to canvass the possibility of a refugee claim during the inquiry and give Maricic an opportunity to make a refugee claim before they issued the removal order - See paragraphs 16 to 28.

Aliens - Topic 1330.6

Admission - Refugees - Disqualifications - Unexecuted removal order - [See Aliens - Topic 1327 ].

Aliens - Topic 1704

Exclusion and expulsion - Immigration - Exclusion - General - Stay of exclusion or removal order - [See Aliens - Topic 1327 ].

Cases Noticed:

Singh v. Minister of Employment and Immigration, [1985] 1 S.C.R. 177; 58 N.R. 1; 17 D.L.R.(4th) 422, refd to. [para. 16].

Raman v. Canada (Minister of Citizenship and Immigration), [1999] 4 F.C. 140; 246 N.R. 370 (F.C.A.), refd to. [para. 19].

Sahi v. Canada (Minister of Citizenship and Immigration) (2000), 187 F.T.R. 144 (T.D.), refd to. [para. 21].

Nguyen v. Canada (Minister of Citizenship and Immigration), [1996] I.A.D.D. No. 474, refd to. [para. 22].

Chen v. Canada (Minister of Citizenship and Immigration) (1998), 151 F.T.R. 8; 44 Imm. L.R.(2d) 129 (T.D.), refd to. [para. 23].

Counsel:

Rodney Woolf, for the applicant;

Michael Butterfield, for the respondent.

Solicitors of Record:

Rodney Woolf, Toronto, Ontario, for the applicant;

Morris Rosenberg, Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This application was heard on April 29, 2002, at Toronto, Ontario, before Rouleau, J., of the Federal Court of Canada, Trial Division, who released the following reasons for order on May 3, 2002.