CITIZENSHIP AND IMMIGRATION
Immigration Practice
Res judicata—Judicial review of refusal of application to sponsor applicant as permanent resident on basis reasonable grounds to believe inadmissible pursuant to Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 35(1)(a) for commission of offences referred to in Crimes Against Humanity and War Crimes Act, S.C. 2000, c. 24—In 1997, Adjudicator holding applicant not inadmissible under Immigration Act (IA), R.S.C., 1985, c. I-2, s. 19(1)(j) as no reasonable grounds to believe committed such offences—IA, s. 34 stating no decision under IA preventing holding of further inquiry—1997 decision not final regarding inadmissibility—Res judicata not precluding consideration of inadmissibility—But inadmissibility finding made without proper regard to relevant evidence as not considering Adjudicator’s 1997 finding—Application allowed.
Perez v. Canada (Minister of Citizenship and Immigration) (IMM-4227-05, 2006 FC 1000, Teitelbaum J., judgment dated 18/8/06, 16 pp.)