CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Sidhu v. Canada (Minister of Citizenship and Immigration)
IMM-2345-00
2001 FCT 197, McKeown J.
19/3/01
13 pp.
Application for judicial review of immigration officer's decision to adjourn examination for landing of applicant's father and sister (also applicants herein) pursuant to Immigration Act, s. 12(3)(a)--Principal issue whether immigration officer adjourned hearing in accordance with Act and Regulations--In April 2000, immigration officer at Windsor, Ontario issued Act, s. 20 report applicant Sidhu ceased to be permanent resident in Canada as had remained outside country for more than 180 days in 12-month period and therefore deemed to have abandoned Canada as place of permanent residence (spent time with wife, children and mother then living in United States)--On same day, applicant's father and sister (sponsored by applicant) arrived in Toronto from India--Immigration seized their passports and issued them notices of adjournment of examination without setting date for deferred examination--Program Manager for CIC at Pearson indicated investigation under way with respect to applicant--Application allowed--Applicant arguing status as permanent resident could not be changed until determination to that effect made by Immigration adjudicator or, ultimately, by Immigration Appeal Division, and father and sister should have been landed--Program manager mistakenly relied on Regulations, s. 2(1) as not in effect at time applicant applied to sponsor father and sister--Act, s. 12(3) not allowing immigration officer to adjourn while inquiry taking place with respect to sponsor--Adjournment not in accordance with Act, s. 14(2)(b) as only place, but not date or time for further examination prescribed--Officer should have prescribed some reasonable time in future to conduct examination of applicant's father and sister--Minister's own guidelines for immigration officers in Immigration Manual reinforce need for prescribing time for deferred interview--Rules of fairness and natural justice also requiring reasonable time should be prescribed within which interview should take place--Insufficient information to determine here whether father and sister should be landed--Matter referred to another immigration officer--Immigration Act, R.S.C., 1985, c. I-2, ss. 12(3), 14 (as am. by R.S.C., 1985 (4th Supp.), c. 30, s. 47; S.C. 1992, c. 49, s. 8)--Immigration Regulations, 1978, SOR/78-172, s. 2(1).