Joseph v. Canada (Minister of Citizenship and Immigration)

Although it was improper for an Immigration and Refugee Board employee to provide information to Immigration Canada outside permitted procedures, the court found that this misconduct had no effect on the Refugee Division's processing of the appellants' application and therefore did not warrant overturning the decision.

Source-derived case information.

Citation: 2001 FCA 265
Parties: Appellant: Edvin Marina JOSEPH; Appellant: Alexand Manojan ANTON; Appellant: Ronald Ahilan ANTON; Respondent: The Minister of Citizenship and Immigration
Court: Federal Court of Appeal
Jurisdiction: Canada
Judgment Date: 12 September 2001
Procedural Posture: Immigration Appeal / Appeal to Federal Court of Appeal, Judgment Delivered
Outcome: Appeal dismissed
Legal Topics: Improper Disclosure by Tribunal Employee, Prejudice and Remedy, Refugee Division Procedure
Source Language: en

Immigration Law Administrative Law Refugee Law Procedural Fairness Improper Disclosure by Tribunal Employee Prejudice and Remedy Refugee Division Procedure

Source-derived case record

Summary, issues, holding and outcome

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Legal principles 2 Party arguments 2

Parties

Edvin Marina JOSEPH

Appellant

Alexand Manojan ANTON

Appellant

Ronald Ahilan ANTON

Appellant

The Minister of Citizenship and Immigration

Respondent

Procedural Posture

Immigration Appeal / Appeal to Federal Court of Appeal, Judgment Delivered

Legal Issues

1 Whether an employee of the Immigration and Refugee Board improperly providing information to Immigration Canada taints Refugee Division proceedings
2 Whether such misconduct affected the processing of the appellants' application and warrants setting aside the decision
3 What remedy, if any, is appropriate where extraneous disclosures occur

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

The appeal is dismissed.

Full Case Text

Judgment text and source record

1 paragraphs

Joseph v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court of Appeal Decisions Date 2001-09-12 Neutral citation 2001 FCA 265 File numbers A-55-00 Decision Content Date: 20010912 Docket: A-55-00 Montréal, Quebec, September 12, 2001 Coram: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. BETWEEN: Edvin Marina JOSEPH Alexand Manojan ANTON and Ronald Ahilan ANTON Appellants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent JUDGMENT The appeal is dismissed. Alice Desjardins J.A. Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. Date: 20010912 Docket: A-55-00 Neutral citation: 2001 FCA 265 CORAM: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. BETWEEN: Edvin Marina JOSEPH Alexand Manojan ANTON and Ronald Ahilan ANTON Appellants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Hearing held at Montréal, Quebec on September 12, 2001. Judgment from the bench at Montréal, Quebec on September 12, 2001. REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. Date: 20010912 Docket: A-55-00 Neutral citation: 2001 FCA 265 CORAM: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. BETWEEN: Edvin Marina JOSEPH Alexand Manojan ANTON and Ronald Ahilan ANTON Appellants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec on September 12, 2001) DESJARDINS J.A. [1] Although it was improper for an employee of the Immigration and Refugee Board to provide Immigration Canada with information outside the procedures allowed by law, the Court nevertheless feels that this misconduct had no effect on the processing of the appellants' application by the Refugee Division. [2] The appeal will be dismissed. Alice Desjardins J.A. Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20010912 Docket: A-55-00 Between: Edvin Marina JOSEPH Alexand Manojan ANTON and Ronald Ahilan ANTON Appellants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT OF THE COURT FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD FILE: A-55-00 appeal from Trial Division judgment on January 14, 2000 in case IMM-6316-98 CORAM: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. STYLE OF CAUSE: Edvin Marina JOSEPH Alexand Manojan ANTON and Ronald Ahilan ANTON Appellants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: September 12, 2001 REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. DATED: September 12, 2001 APPEARANCES: Dan Bohbot FOR THE APPELLANTS Daniel Latulippe FOR THE RESPONDENT SOLICITORS OF RECORD: Dan Bohbot FOR THE APPELLANTS Montréal, Quebec Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Montréal, Quebec

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