CITIZENSHIP AND IMMIGRATION
Exclusion and Removal
Removal of Permanent Residents
Appeal from Federal Court decision ([2005] 3 F.C.R. 615) dismissing application for judicial review of Immigration Appeal Division decision dismissing appeal for want of jurisdiction—Appellant becoming permanent resident of Canada in 1991—Convicted in April 2002 of importing cocaine into Canada contrary to Controlled Drugs and Substances Act, s. 6(1)—Based on that conviction, Immigration Division of Immigration and Refugee Board finding appellant inadmissible to Canada on grounds of serious criminality under Immigration and Refugee Protection Act, s. 36(1)—Federal Court dismissing appellant’s application for judicial review of Appeal Division decision— Certified question as to meaning of word “punished” in Immigration and Refugee Protection Act, s. 64(2)—Referring to sentence imposed, not actual duration of incarceration—S. 64(2) depriving appellant of right to appeal to Appeal Division of Immigration and Refugee Board—Appeal dismissed— Controlled Drugs and Substances Act, S.C. 1996, c. 19, s. 6 —Immigration and Refugee Protection Act, S.C. 2001, c. 27, ss. 36, 64.
Martin v. Canada (Minister of Citizenship and Immigration) (A‑126‑05, 2005 FCA 347, Sharlow J.A., judgment dated 25/10/05, 5 pp.)