The applicant, a permanent resident convicted of sexual assault, sought judicial review of a decision by a Minister's Delegate referring a subsection 44(1) report to the Immigration Division for an admissibility hearing due to serious criminality.
The applicant alleged breaches of procedural fairness because he was not interviewed extensively or provided the opportunity to respond to the final report, and argued the referral decision was unreasonable because it misjudged his rehabilitation efforts and relied on dismissed charges.
The Federal Court dismissed the application, holding that the minimal participatory rights required for a subsection 44(1) referral were met and the referral decision was reasonable.
