Raman v. Canada (Minister of Citizenship and Immigration), (1996) 125 F.T.R. 50 (TD)

JudgeDubé, J.
CourtFederal Court (Canada)
Case DateDecember 17, 1996
JurisdictionCanada (Federal)
Citations(1996), 125 F.T.R. 50 (TD)

Raman v. Can. (M.C.I.) (1996), 125 F.T.R. 50 (TD)

MLB headnote and full text

Philman Abu Raman (applicant) v. The Minister of Citizenship and Immigration (respondent)

(IMM-1701-95)

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

Federal Court of Canada

Trial Division

Dubé, J.

December 31, 1996.

Summary:

Raman arrived in Canada from Nigeria with a fraudulent Zimbabwean passport, stating that he was visiting a friend for a week. He indicated that he did not wish to make a refugee claim. When advised that he was being excluded, he confessed that he was Nigerian and claimed refugee status. A senior immigration officer (SIO) held that she did not have jurisdiction to reopen the exclusion decision made under s. 23(4) of the Immigration Act. Raman sought judicial review.

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

Aliens - Topic 15

Definitions and general principles - Right to counsel - Raman arrived in Canada from Nigeria with a fraudulent Zimbabwean passport, stating that he was visiting a friend - He did not wish to make a refugee claim - However, when advised that he was being excluded, Raman confessed that he was Nigerian and claimed refugee status - A senior immigration officer (SIO) held that she did not have jurisdiction to reopen the exclusion decision under s. 23(4) of the Immigration Act - Raman sought judicial review, claiming, inter alia, that he was entitled to be advised of his right to counsel prior to the issuance of the exclusion order - The Federal Court of Canada, Trial Division, held that the immigration officer was not obligated at that stage to advise Raman of a right to counsel - See paragraph 26.

Aliens - Topic 1701.1

Exclusion and expulsion - Immigration - Exclusion - Jurisdiction - Immigration officer - At issue was whether a senior immigration officer (SIO) had jurisdiction to reconsider a decision to exclude a person from Canada under s. 23 of the Immigration Act - Also at issue was whether the principles of fundamental justice or the Charter required the SIO to reconsider his decision where the claimant made his refugee claim after the exclusion order was rendered - The Federal Court of Canada, Trial Division, held that s. 44 of the Act clearly precluded the SIO from reopening an exclusion decision - A claimant could not seek refugee status unless an appeal from the order was allowed - The SIO did not have jurisdiction either at common law or under s. 7 of the Charter and s. 52(1) of the Constitution Act to reopen a hearing - See paragraph 26.

Civil Rights - Topic 726

Liberty - Charter of Rights and Freedoms - Denial of liberty - What constitutes - Raman arrived in Canada with a fraudulent Zimbabwean passport - He did not wish to make a refugee claim - However, when advised that he was being excluded, Raman confessed that he was Nigerian and claimed refugee status - A senior immigration officer (SIO) held that she did not have jurisdiction to reopen the exclusion decision - Raman sought judicial review, claiming that the SIO could reopen the inquiry when there were alleged Charter rights violations - (i.e., detention at the port of entry violating right to liberty) - The Federal Court of Canada, Trial Division, held that no Charter rights were violated - Raman had no right of entry to Canada - Although detained at the airport to prevent his illegal entry into Canada, he was free to return to his country - See paragraph 26.

Civil Rights - Topic 4608

Right to counsel - Right to be advised of - [See Aliens - Topic 15 ].

Cases Noticed:

Kaur v. Minister of Employment and Immigration (1989), 104 N.R. 50; 10 Imm. L.R.(2d) 1 (F.C.A.), dist. [para. 5].

Mattia v. Minister of Employment and Immigration, [1987] 3 F.C. 492; 10 F.T.R. 170 (T.D.), dist. [para. 5].

Longia v. Minister of Employment and Immigration, [1990] 3 F.C. 288; 114 N.R. 280 (F.C.A.), dist. [para. 5].

Bains and James v. Minister of Employment and Immigration (1989), 104 N.R. 184; 8 Imm. L.R.(2d) 165 (F.C.A.), dist. [para. 5].

Dehghani v. Minister of Employment and Immigration, [1993] 1 S.C.R. 1053; 150 N.R. 241, dist. [para. 6].

Singh v. Minister of Employment and Immigration, [1985] 1 S.C.R. 177; 58 N.R. 1; 14 C.R.R. 13; 12 Admin. L.R. 137; 17 D.L.R.(4th) 422, dist. [para. 7].

Martineau v. Matsqui Institution Disciplinary Board, [1980] 1 S.C.R. 602; 30 N.R. 119; 106 D.L.R.(3d) 385, dist. [para. 9].

Chandler v. Alberta Association of Architects, [1989] 2 S.C.R. 848; 99 N.R. 277; 101 A.R. 321; 62 D.L.R.(4th) 577, dist. [para. 10].

Grillas v. Minister of Manpower and Immigration, [1972] S.C.R. 577; 23 D.L.R.(3d) 1, dist. [para. 10].

Minister of Employment and Immigration v. Clamsey (1988), 5 Imm. L.R.(2d) 159 (F.C.A.), dist. [para. 12].

Castro v. Minister of Employment and Immigration (1988), 86 N.R. 356; 5 Imm. L.R.(2d) 87 (F.C.A.), dist. [para. 12].

Tétreault-Gadoury v. Canada Employment and Immigration Commission, [1991] 2 S.C.R. 22; 126 N.R. 1; 81 D.L.R.(4th) 358, refd to. [para. 20].

Statutes Noticed:

Canadian Charter or Rights and Freedoms, 1982, sect. 7 [para. 8]; sect. 10(b) [para. 15].

Constitution Act, 1982, sect. 52(1) [para. 19].

Immigration Act, R.S.C. 1985, c. I-2, sect. 23(4) [para. 1]; sect. 44 [para. 17].

Counsel:

Barbara Jackman, for the applicant;

Lori Hendriks, for the respondent.

Solicitors of Record:

Jackman and Associates, Toronto, Ontario, for the applicant;

George Thomson, Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This application was heard on December 17, 1996, at Toronto, Ontario, before Dubé, J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on December 31, 1996.

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6 practice notes
  • Raman v. Canada, (1999) 246 N.R. 370 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • 4 Junio 1999
    ...to reopen the exclusion decision. Raman sought judicial review. The Federal Court of Canada, Trial Division, in a decision reported at 125 F.T.R. 50, dismissed the application. Raman The Federal Court of Appeal dismissed an appeal. Editor's note: for a related decision in this matter see 10......
  • Bageh v. Canada (Minister of Citizenship and Immigration), (1999) 176 F.T.R. 290 (TD)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • 4 Noviembre 1999
    ...Immigration) (1998), 152 F.T.R. 144 (T.D.), refd to. [para. 8, footnote 6]. Raman v. Canada (Minister of Citizenship and Immigration) (1996), 125 F.T.R. 50 (T.D.), refd to. [para. 8, footnote 7]. Daher v. Canada (Minister of Citizenship and Immigration) (1998), 153 F.T.R. 131 (T.D.), refd t......
  • Raman c. Canada (Ministre de la Citoyenneté et de l'Immigration) (C.A.),
    • Canada
    • Court of Appeal (Canada)
    • 1 Junio 1999
    ...(4th) 573 ; 47 C.R.R. 361 ; 8 Imm. L.R. (2d) 165 (C.A.). APPEAL from Roman v. Canada (Minister of Citizenship and Immigration) (1996), 125 F.T.R. 50; 37 Imm. L.R. (2d) 294 (F.C.T.D.), wherein the Trial Judge certif‌ied the question: whether a senior immigration off‌icer has jurisdictio......
  • Sivalingam v. Canada (Minister of Citizenship and Immigration), [2004] F.T.R. Uned. 215
    • Canada
    • Federal Court (Canada)
    • 5 Febrero 2004
    ...and Refugee Protection Regulations, SOR/2002-227, see also the cases of Raman v. Canada (Minister of Citizenship and Immigration) (1996), 125 F.T.R. 50, aff'd [1999] 4 F.C. 140 (C.A.) and Daher v. Canada (Minister of Citizenship and Immigration) (1998), 153 F.T.R. 131, dealing with subsecti......
  • Request a trial to view additional results
6 cases
  • Raman v. Canada, (1999) 246 N.R. 370 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • 4 Junio 1999
    ...to reopen the exclusion decision. Raman sought judicial review. The Federal Court of Canada, Trial Division, in a decision reported at 125 F.T.R. 50, dismissed the application. Raman The Federal Court of Appeal dismissed an appeal. Editor's note: for a related decision in this matter see 10......
  • Bageh v. Canada (Minister of Citizenship and Immigration), (1999) 176 F.T.R. 290 (TD)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • 4 Noviembre 1999
    ...Immigration) (1998), 152 F.T.R. 144 (T.D.), refd to. [para. 8, footnote 6]. Raman v. Canada (Minister of Citizenship and Immigration) (1996), 125 F.T.R. 50 (T.D.), refd to. [para. 8, footnote 7]. Daher v. Canada (Minister of Citizenship and Immigration) (1998), 153 F.T.R. 131 (T.D.), refd t......
  • Raman c. Canada (Ministre de la Citoyenneté et de l'Immigration) (C.A.),
    • Canada
    • Court of Appeal (Canada)
    • 1 Junio 1999
    ...(4th) 573 ; 47 C.R.R. 361 ; 8 Imm. L.R. (2d) 165 (C.A.). APPEAL from Roman v. Canada (Minister of Citizenship and Immigration) (1996), 125 F.T.R. 50; 37 Imm. L.R. (2d) 294 (F.C.T.D.), wherein the Trial Judge certif‌ied the question: whether a senior immigration off‌icer has jurisdictio......
  • Sivalingam v. Canada (Minister of Citizenship and Immigration), [2004] F.T.R. Uned. 215
    • Canada
    • Federal Court (Canada)
    • 5 Febrero 2004
    ...and Refugee Protection Regulations, SOR/2002-227, see also the cases of Raman v. Canada (Minister of Citizenship and Immigration) (1996), 125 F.T.R. 50, aff'd [1999] 4 F.C. 140 (C.A.) and Daher v. Canada (Minister of Citizenship and Immigration) (1998), 153 F.T.R. 131, dealing with subsecti......
  • Request a trial to view additional results

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