Digests

Decision Information

Decision Content

Canada ( Minister of Citizenship and Immigration ) v. Patel

IMM-6059-93

Cullen J.

26/1/95

5 pp.

Judicial review of Immigration and Refugee Board, Appeal Division's decision adoption ceremony proven and refusal to approve application for landing not in accordance with law -- Visa officer refusing respondent's application to sponsor adopted daughter for landing in Canada as member of family class -- Stating adoption contravening Indian adoption legislation in that child not actually given in adoption -- On appeal, Appeal Division stating intent to transfer irrelevant, whereupon no further cross-examination on matter -- Reasons stating intent to transfer child important consideration since adoption legislation not requiring actual physical giving and taking -- Concluding adoption ceremony proven -- Application allowed -- As Appeal Division's decision rested on very issue which was subject of questioning, applicant not having full opportunity to make case -- Curtailing of cross-examination resulting in breach of rules of natural justice -- Denial of fair hearing rendering decision invalid -- Furthermore Appeal Division addressing wrong issue -- Issue not whether valid adoption in accordance with laws of India, but whether adoption in accordance with laws of India properly recognized under Canadian Immigration legislation, Regulations.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.