Digests

CITIzEnShIp anD ImmIGraTIon

Status in Canada

Permanent Residents

Judicial review seeking declaratory relief against respondent’s unwillingness to confirm status as permanent resident— Alternatively seeking mandamus compelling respondent to process application, grant permanent resident status—First permanent residence application approved in principle in 1996—However, when picking up landing documents in 1998, applicant unable to show passport, as that passport had been lost by officials—Landing documents therefore not granted as copy of passport insufficient—New passport submitted in 2003, but by time second processing stage resumed, applicant’s criminal, security, medical clearances expired—Updated medical, criminal examinations submitted, but new passport, medical examination expired at time documents processed, security checks finalized in 2005—Applicant contending respondent’s refusal to grant landing documents in 1998, 2003 unlawful as all legal requirements met on those dates—Relief sought within Court’s jurisdiction pursuant to Federal Courts Act, R.S.C., 1985, c. F-7, s. 18.1(3)—Preconditions set out in Canada v. Solosky, [1980] 1 S.C.R. 821 met—Although applicant could not be landed in 2003, same cannot be said with respect to 1998—In specific context of Immigration Act, R.S.C., 1985, c. I-2, possession of valid, subsisting passport under Immigration Regulations, SOR/78-172, s. 14(1) not requiring physical control of passport—Sufficient that person be legal bearer of valid passport—In exceptional circumstances of this case, requiring passport itself to satisfy Regulations, s. 14(1) absurd, not in keeping with wording, spirit thereof—Applicant entitled to mandamus ordering respondent to process application in accordance with law as it stood in 1998 and on basis of applicant’s record at that time—Application allowed.    

Singh v. Canada (Citizenship and Immigration) (IMM-2234-09, 2010 FC 757, de Montigny J., judgment dated July 19, 2010, 28 pp.)