Federal Court


Immigration and Citizenship

Exclusion and removal

Removal from Canada

Minister of Public Safety had public duty to render decision on requests for ministerial relief

Foreign national (FN) was citizen of Iran who was member of Mujahedin-e-Kalq (MEK) from 1979 to 1982. FN came to Canada and was found to be Convention refugee in 1994. In 2001, FN was found to be inadmissible due to his past involvement in MEK, which was considered to be terrorist entity. In 2007, Minister of Public Safety decided not to grant ministerial relief despite recommendation to contrary from immigration counsellor. FN successfully brought application for judicial review, and redetermination was ordered, but redetermination was never completed. FN brought application for order of mandamus requiring minister to complete redetermination in accordance with agreed-upon schedule. Application granted. Minister had public duty to render decision on requests for ministerial relief, and such duty was owed to FN because he had made such request. Minister had to respond to requests for ministerial relief within reasonable period of time, with outer limit of four years subject to adjustment for various circumstances. Minister had not provided satisfactory justification for latest 45 months of delay. No alternative remedy was available to FN to obtain relief from determination that he was inadmissible to Canada. Order of mandamus had potential to be of very real practical value to FN; there was no equitable bar to order of mandamus; and balance of convenience favoured grant of mandamus.

Tameh v. Canada (Minister of Public Safety and Emergency Preparedness) (2017), 2017 CarswellNat 804, 2017 FC 288, Paul S. Crampton C.J. (F.C.).

 


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