CITIZENSHIP AND IMMIGRATION
Status in Canada
Permanent Residents
Judicial review of decision by Appeal Division of Immigration and Refugee Board refusing applicant’s sponsorship application because son not member of family class—Applicant from Vietnam, became permanent resident of Canada in 1994—Application to sponsor applicant’s youngest son Du refused by Canadian High Commission in Singapore—Having failed to declare Du in application for permanent residence, applicant could not sponsor him under Immigration and Refugee Protection Regulations, s. 117(9)(d) —Whether Appeal Division erred in interpreting provisions of Immigration and Refugee Protection Act and Regulations and their application in this case—Regulations s. 117(9)(d) providing for exclusion of some people from family class— Relevant transitional provisions in present case, more specifically, Regulations ss. 352, 355, having been adopted to find solution to situation not consistent with facts in this case—Applicant obtaining permanent residence in 1994, when son Du only seven years old—Son therefore not falling within exception—Appeal Division’s decision well founded, in that applicant indeed failed to mention Du in own permanent residence application in 1994, resulting in exclusion of youngest son from family class under Regulations, s. 117(9)(d)—Application dismissed—Immigration and Refugee Protection Act, S.C. 2001, c. 27—Immigration and Refugee Protection Regulations, SOR/2002‑227, ss. 117(9)(d) (as am. by SOR/2004‑167, s. 41), 352, 355 (as am. idem, s. 77).
Dung v. Canada (Minister of Citizenship and Immigration) (IMM‑8951‑04, 2005 FC 600, Blanchard J., order dated 2/5/05, 10 pp.)