CITIZENSHIP AND IMMIGRATION
Exclusion and Removal
Removal of Refugees
Applicant, Mexican citizen, arrived in Canada in 1994, was granted refugee protection in 1997, then applied for landed immigration status—At CSIS interview in 1998 was confronted with having lied as to American criminal record at time claimed persecution in Mexico—In view of admitted misrepresentation, Refugee Protection Division (RPD) made decision refugee status vacated under Immigration and Refugee Protection Act (IRPA), s. 109(1)—Due to decision, report prepared that, under IRPA, s. 40(1)(c), applicant inadmissible, deportation ordered in 2004 under s. 44(2)— Interpretation of s. 40(1)(c) only issue—Applicant advanced literal interpretation argument client did not misrepresent himself on “final determination to vacate a decision to allow the claim for refugee protection”—Five years prior to and at final determination, admitted all Minister’s allegations— Minister of Citizenship and Immigration (MCI) urged contextual interpretation, arguing applicant made assumption s. 40(1)(c) rendered him inadmissible only for misrepresen-tation in course of vacation proceeding before RPD when, under s. 109, RPD may vacate refugee decision if based on material misrepresentation, regardless of whether claimant later lies at vacation hearing—Once RPD made vacation decision, applicant was deemed inadmissible for misrepresentation—Court agreeing with interpretation by MCI—Use of “misrepresentation” in s. 40(1)(c) to be read as denoting states of fact operating to make person inadmissible, that is, if either of events mentioned in s. 40(1)(a), (b), (c) or (d) proved to have occurred, person “deemed” inadmissible for “misrepresentation”—Application denied—Question of general importance certified for consideration by Federal Court of Appeal: whether IRPA, s. 40(1)(c) requiring person concerned to make misrepresentation in course of vacation hearing before RPD—Immigration and Refugee Protection Act, S.C. 2001, c. 27, ss. 40, 44, 109.
Calixto v. Canada (Minister of Citizenship and Immigration) (IMM-10475-04, 2005 FC 1037, Campbell J., order dated 27/7/05, 5 pp.)