Morris v. Minister of Manpower and Immigration, (1974) 6 N.R. 198 (FCA)

• Judge: Thurlow, J., MacKay and Sweet, D.J.
• Court: Federal Court of Appeal (Canada)
• Case Date: October 03, 1974
• Jurisdiction: Canada (Federal)
• Citations: (1974), 6 N.R. 198 (FCA)

Morris v. MMI (1974), 6 N.R. 198 (FCA)

MLB headnote and full text

Morris v. Minister of Manpower and Immigration

Indexed As: Morris v. Minister of Manpower and Immigration

Federal Court of Appeal

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

November 18, 1974.

Summary:

This case arose out of an application by a person from Trinidad for admission into Canada. The person arrived at the Toronto International Airport and sought entry as a non- immigrant visitor. The immigration officer was not satisfied that the person was a bona fide non-immigrant and made a report under s. 22 of the Immigration Act. A special inquiry officer upon receipt of the report ordered an inquiry with respect to the applicant. During the inquiry the applicant changed his mind and stated that he no longer was seeking entry into Canada. Notwithstanding that the person withdrew his application for admission into Canada the special inquiry officer made a deportation order with respect to the person.

On appeal to the Federal Court of Appeal the appeal was dismissed and the deportation order of the person was affirmed. The Federal Court of Appeal held that the special inquiry officer retained jurisdiction to make a deportation order notwithstanding that the person withdrew his application for admission into Canada. Sweet, D.J., dissenting, in the Federal Court of Appeal, would have allowed the appeal and would have held that the special inquiry officer lost jurisdiction to make a deportation order when the person withdrew his application for admission into Canada.

Aliens - Topic 1607

Exclusion and expulsion - Immigration - Deportation of a person seeking entry into Canada - Whether a special inquiry officer had jurisdiction to make a deportation order where the person seeking admission into Canada changed his mind and stated during an inquiry that he no longer wanted admission into Canada - Immigration Act, s. 23 and 27 - The Federal Court of Appeal held that the special inquiry officer retained jurisdiction to make a deportation order notwithstanding that the person withdrew his application for admission into Canada.

Cases Noticed:

Moore v. M.M.I., [1968] S.C.R. 839, folld. [para. 8]; dist. [para. 37].

Statutes Noticed:

Immigration Act, R.S.C. 1970, c. I-2, sect. 23, sect. 27 [fn. 1, 2].

Counsel:

T.J. O'Sullivan, for the appellant;

K. Braid (Mrs.), for the respondent.

This appeal was heard by the Federal Court of Appeal at Toronto, Ontario on October 3, 1974. Judgment was delivered by the Federal Court of Appeal on November 18, 1974 and the following opinions were filed:

THURLOW, J. - see paragraphs 1 to 13.

SWEET, D.J. - dissenting, see paragraphs 14 to 50.

MACKAY, D.J., concurred with THURLOW, J.