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Kandasamy v. Canada ( Minister of Citizenship and Immigration )

IMM-6812-93

Reed J.

13/12/94

5 pp.

Application for judicial review of refusal to admit applicant to Canada on ground her husband committed offence bringing him within Act, s. 19(1)(c)-Applicant filing application listing husband as dependant after husband committed offence, assault upon applicant-Applicant member of backlog class-Interpretation of Backlog Regulations and regular Immigration Regulations with respect to granting of landing to members of family class application-Backlog Regulations not ambiguous in refusing claimant landing if claimant's dependant, in Canada at time of application, falls within inadmissible class-Applicant and dependant treated as unit-Backlog Regulations granting members right to apply for landing from within Canada but not equating members to Convention refugees-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, ss. 19(1)(c), 46.04 (as enacted by R.S.C., 1985 (4th Supp), c. 28, s. 14; S.C. 1992, c. 49, s. 38)-Refugee Claimant Designated Class Regulations, SOR/90-40, s. 6.

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