MLB-Slaw Selected Case Summaries

Here you'll find weekly summaries of selected cases provided to Slaw by Maritime Law Book's National Reporter System.

Mar 20

Nagalingam v. Canada (Minister of Citizenship and Immigration) 2012 FC 176

Aliens - Exclusion and expulsion - Deportation and exclusion of persons in Canada - Place of deportation (incl. deportation to place of torture (non-refoulement))

 A delegate of the Minister of Citizenship and Immigration found that certain acts committed by a Convention refugee, Nagalingam, were of a nature and gravity that justified refouling him to Sri Lanka pursuant to s. 115(2)(b) of the Immigration and Refugee Protection Act. Nagalingam applied for judicial review.

The Federal Court allowed the application and remitted the matter for redetermination by a different delegate. The delegate breached procedural fairness by refusing Nagalingam’s requests to cross-examine a witness. 

Link to PDF of complete summary

Link to full judgment