Law360 Canada (August 14, 2023, 9:26 AM EDT) -- Appeal by Obazughanmwen from referrals made by Ministerial Delegate (MD) for admissibility hearing before Immigration Division (ID). Obazughanmwen was a citizen of Nigeria and now, permanent resident of Canada. The Canada Border Services Agency (CBSA) officer prepared two reports regarding the potential referral of Obazughanmwen to the ID for inadmissibility: one for serious criminality related to his sexual assault conviction; and, one for organized criminality grounds stemming from his conviction for fraud under $5,000. Obazughanmwen challenged the referrals, arguing that they should be set aside and reconsidered by a different MD to give more weight to humanitarian and compassionate (H&C) and best interests of the child (BIOC) considerations. He claimed that a finding of inadmissibility for organized criminality under s. 37 of the Immigration and Refugee Protection Act (IRPA) had severe consequences since it precluded the filing of a H&C application, infringing his constitutional rights under the Canadian Charter of Rights and Freedoms, 1982. The Federal Court rejected Obazughanmwen’s arguments, stating that MDs had limited discretion and were not required to consider H&C factors at the referral stage. The Federal Court found that MDs performed administrative screening functions and that the ID, not the MD, had the authority to determine admissibility and address complex legal arguments. The Federal Court also noted that the consequences of a s. 37 finding of inadmissibility were a policy decision made by Parliament. The Federal Court dismissed Obazughanmwen’s application for judicial review, but certified a question of general importance regarding whether a MD had the discretion to consider complex issues such as H&C factors and BIOC considerations when making referrals to the ID....