CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Removal of Refugees |
Nguyen v. Canada
IMM-2578-99
Gibson J.
26/5/00
4 pp.
Application for judicial review of senior immigration officer's (SIO) decision applicant not entitled to access to refugee determination system in Canada by virtue of Act, s. 44(1), as removal order had been made against applicant, but not executed--Vietnamese applicant had gained admission to Canada as dependant of mother by concealing marriage--Deportation order followed--Before proceedings in connection therewith finished, applicant sought Minister's consent to leave Canada for Vietnam to visit sick wife--Left before obtaining consent, came back--Application dismissed--Raza v. Canada (Minister of Citizenship and Immigration), [1999] 2 F.C. 185 (T.D.) applied--As applicant had sought, but not obtained, Minister's consent, SIO cannot be said to have erred in holding applicant had not executed his removal order by voluntarily leaving Canada--Question certified on issue of deemed voluntary execution of removal order--Immigration Act, R.S.C., 1985, c. I-2, s. 44(1) (as am. by S.C. 1992, c. 49, s. 35).