Balazs v. Canada (Minister of Citizenship and Immigration)

Balazs v. Canada (Minister of Citizenship and Immigration)

The Court held that the Minister, not the Board, has authority to decide an application for protection made under s.112(1) including in cases of persons named in a certificate; the PRRA prepared for the applicant did not constitute the Minister's notice to the judge required by s.79(2); ss.160-174 of the Regulations (including s.172) fall within the regulatory authority granted by s.116 and are not shown to be ultra vires; and the application for the relief sought by Mr. Jaballah was dismissed. The Minister must complete his assessment and notify both the respondent and the Court before the Court will resume and review lawfulness and reasonableness under s.79(2) and s.80(1).

Citation
2002 FCT 1046
Parties
Applicants: THE MINISTER OF CITIZENSHIP & IMMIGRATION AND THE SOLICITOR GENERAL OF CANADA; Respondent: MAHMOUD JABALLAH
Court
Federal Court
Jurisdiction
Canada
Judgment Date
8 October 2002
Procedural Posture
Immigration Security Certificate and Pre Removal Risk Assessment (prra) Under IRPA / Application for Orders Following Prra; Review Under S.79(2); Proceedings Suspended Pending Minister's Decision
Outcome
Application dismissed
Legal Topics
Security Certificates, Pre Removal Risk Assessment (prra), Statutory Interpretation, Ultra Vires Challenge to Regulations, Judicial Review, Deportation to Risk of Torture
Source Language
English
Immigration Law Refugee Law Administrative Law Constitutional Law Security Certificates Pre Removal Risk Assessment (prra) Statutory Interpretation Ultra Vires Challenge to Regulations +2 more

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Parties

THE MINISTER OF CITIZENSHIP & IMMIGRATION AND THE SOLICITOR GENERAL OF CANADA

Applicants

MAHMOUD JABALLAH

Respondent

Procedural Posture

Immigration Security Certificate and Pre Removal Risk Assessment (prra) Under IRPA / Application for Orders Following Prra; Review Under S.79(2); Proceedings Suspended Pending Minister's Decision

Legal Issues

  1. 1 Whether the PRRA received by the respondent constituted the Minister's decision for the purposes of s.79(2) and thus terminated the Court's consideration of the certificate
  2. 2 Whether s.95 and s.112(3) preclude the Minister from deciding an application for protection made by a person named in a certificate
  3. 3 Whether ss.160-174 of the Regulations, in particular s.172, are ultra vires the IRPA

Ratio Decidendi

The Court held that the Minister, not the Board, has authority to decide an application for protection made under s.112(1) including in cases of persons named in a certificate; the PRRA prepared for the applicant did not constitute the Minister's notice to the judge required by s.79(2); ss.160-174 of the Regulations (including s.172) fall within the regulatory authority granted by s.116 and are not shown to be ultra vires; and the application for the relief sought by Mr. Jaballah was dismissed. The Minister must complete his assessment and notify both the respondent and the Court before the Court will resume and review lawfulness and reasonableness under s.79(2) and s.80(1).

Court Disposition

Application dismissed

Orders

  • Application for declarations and orders dismissed
  • Minister directed to complete assessment of the respondent's application for protection and to advise the respondent and the Federal Court of his decision as soon as possible