Canada ( Minister of Citizenship and Immigration ) v. Pownall
IMM-6715-98
Evans J.
29/11/99
11 pp.
Application for judicial review of order setting aside IRB's decision despite misrepresentation of identity, respondent permanent resident with right of appeal and granting stay-Deterioration of wife's mental health, dependence of his young children on respondent and good care he seemed to be taking of them persuaded Board to grant 3-year conditional stay of removal to Jamaica, despite serious record of Immigration Act infractions-In recent decisions (Canada (Minister of Citizenship and Immigration) v. Seneca (1999), 247 N.R. 397 (F.C.A.); Jaber v. Canada (Minister of Citizenship and Immigration), [1999] F.C.J. No. 1494 (C.A.) (QL)), Federal Court of Appeal held person who obtains visa or granted landed status by misrepresentation of material fact not thereby disqualified from being permanent resident in Canada, and thus eligible to appeal to IAD of IRB against deportation order-Issue whether misrepresentation of identity different from misrepresentation of other material facts-Application dismissed-Reasoning in neither Seneca nor Jaber providing any support for distinguishing misrepresentation of identity from misrepresentations of other material facts-Central to reasoning in those cases Immigration Act, s. 27(1) recognizing that person granted landing on basis of false representations nonetheless permanent resident, albeit one liable to deportation-Analogy on law of contract and marriage not persuasive-Fact misrepresentation of person's identity effectively prevents immigration authorities from conducting security check on person's immigration history and criminal record has no bearing on whether person has full right of appeal against deportation under statutory scheme-If right of appeal in such circumstances undesirable, remedy lying with Parliament, not Court-Serious question of general importance certified: whether person who obtained visa and granted landed status by fraudulent misrepresentation of identity thereby not in possession of lawful permission to establish permanent residence in Canada and thus not permanent resident within meaning of Act, s. 70(1)-Immigration Act, R.S.C., 1985, c. I-2, ss. 27(1) (as am. by S.C. 1992, c. 49, s. 16), 70(1) (as am. by R.S.C., 1985 (4th Supp.), c. 28, 18; S.C. 1995, c. 15, s. 13).