CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Canada (Minister of Citizenship and Immigration) v. Fu
IMM-2386-99
Rouleau J.
27/6/00
6 pp.
Judicial review of IRB Appeal Division's decision relevant time for determining if dependant "enrolled and in attendance in such program since attaining 19 years of age" date on which visa officer decided not to issue visa, i.e. February 28, 1995--Respondent sponsoring applications for permanent residence of parents, six siblings--Applications refused February 28, 1995--Appeal, as related to parents, two youngest children who were under 19 on date of application for permanent residence allowed on consent--Appeal Division allowing appeal as related to two children over 19 at time of application as met definition of "dependent son"--Application dismissed--Issue before visa officer, Appeal Division: whether respondent's siblings met statutory test of enrolment, attendance as full-time students at time application for immigrant visa received by visa officer and based upon information received by that visa officer--Immigration Regulations, s. 2(1) very clear determination of "dependant", "dependent son" directly related to time application for immigrant visa received by immigration officer, based on information received by immigration officer--Exercise of statutory appeal rights resulting in passage of time not changing question legislation requiring to be answered--Question of law before visa officer same as that before Appeal Division--Panel correct in holding relevant time for determination of "dependent son" date on which visa officer making decision not to issue visas--Immigration Regulations, 1978, SOR/78-172, s. 2(1) "dependant" (as am. by SOR/92-101, s. 1; 93-44, s. 1), "dependent son" (as am. by SOR/92-101, s. 1).