CITIZENSHIP AND IMMIGRATION
Immigration Practice
Judicial review of decision of Immigration Appeal Division (IAD) finding applicant’s oldest child not “dependent child”, excluded from family class—Whether applicant’s son student under definition of “dependent child” in Immigration and Refugee Protection Regulations, SOR/2002‑227, s. 2—Child considered member of family class only if meeting conditions regarding post‑secondary studies in definition in question—Meaning given by IAD to wording of Regulations incorrect, if not unreasonable —IAD should not have found, as it did, that physical absence of child from post‑secondary institution during months of civil war in Congo resulted in itself in interruption of post‑secondary studies—Application allowed.
Dimonekene v. Canada (Minister of Citizenship and Immigration) (IMM‑6139‑06, 2007 FC 675, Harrington J., order dated 25/6/07, 10 pp.)