Is a Minister's Delegate performing an administrative decision in issuing an opinion pursuant to section 70(6) of the Immigration Act?
British Columbia, Canada
The following excerpt is from Torres-Samuels v. The Minister of Citizenship And Immigration, 1998 CanLII 6564 (BC SC):
In my view, it is clear that in issuing his opinion pursuant to section 70(6) of the Immigration Act, the Minister's delegate was performing an administrative decision and exercising a discretionary power such as to bring him within the above definition (see Halifax County Municipality v. Shunamon et al. (1995), 30 C.P.C. (3rd) 376 (N.S.S.C.); Fee v. Bradshaw (1982), 1982 CanLII 177 (SCC), 137 D.L.R. (3rd) 695 (S.C.C.)).
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