Denis Gascon

The applicant, a permanent resident, sought judicial review of an IAD decision that confirmed a visa officer's refusal to issue a travel document due to his failure to meet the residency obligation.

The applicant had been absent from Canada primarily to care for his ill father.

The IAD determined that there were insufficient humanitarian and compassionate grounds to warrant special relief.

The Federal Court found the IAD's decision reasonable, noting that the tribunal adequately considered the applicant's degree of establishment in Canada, his reasons for being absent, and the applicable legal tests.

The applicant, whose Canadian citizenship had been revoked due to his complicity in war crimes, sought a permanent or temporary stay of ongoing admissibility proceedings before the Immigration Division.

He argued that the Minister's late and allegedly misleading disclosure of materials related to the Deschênes Report constituted an abuse of process.

The Federal Court dismissed the motion as premature, finding that the Immigration Division should first consider and make findings on the disclosure issues and the alleged abuse of process.

The Court also held that the alternative request for a temporary stay pending a reopening application before the Governor in Council exceeded the relief sought in the underlying application for judicial review.