Federal Court


Immigration

EXCLUSION AND EXPULSION
Danger opinion remained valid despite overturning of conviction

Applicant was permanent resident. Applicant incurred extensive criminal record. Applicant was convicted of sexual assault of former spouse. Danger opinion was issued against applicant. Applicant was deported. Applicant re-entered Canada without approval of Minister and was charged with re-entering without permissions. Two inadmissibility reports were issued against applicant. Second deportation order was issued. Former spouse recanted allegations of sexual assault. At new trial sexual assault charges were dismissed. Danger opinion and first deportation order were already judicially reviewed. Applicant sought to quash danger opinion and two deportation orders. Application for judicial review was dismissed. Court was not in position to consider submission on res judicata given direction from Federal Court of Appeal and following its application by Justice. Danger opinion remained valid despite overturning of conviction for sexual assault. Danger opinion was based on three convictions. Danger opinion was not based on nullity. First deportation order was moot. Second deportation order was valid. Inadmissibility report and second deportation order were not to be quashed despite overturning of criminal conviction. Loss of permanent residence status was legal and there was no error in execution of deportation order. Section 326(2) of Immigration and Refugee Protection Regulations (Can.), remained in effect.


Pascale v. Canada (Minister of Citizenship and Immigration)

(July 13, 2011, F.C., O’Keefe J., File No. IMM-3127-10) 205 A.C.W.S. (3d) 500 (25 pp.).

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