Kagai v. Canada ( Minister of Employment and Immigration )
92-T-1352
MacKay J.
26/3/93
19 pp.
Application for judicial review of decision not to extend Minister's permit and requesting applicant to depart from Canada -- Applicant married to Canadian citizen -- Permit issued so as not to separate couple while application for permanent residence processed -- When applicant attending at Employment and Immigration offices to apply for extension of Minister's permit and of work permit, advised request could not be considered because lacked passport and therefore reportable under Immigration Act, s. 27 -- Decision not to extend permit because not living with wife verbally communicated to applicant when returned to Immigration Centre -- Applicant informed by letter permit would not be extended as Department aware couple not living together and of opinion marriage entered into solely to gain permanent residence in Canada -- Applicant and wife swearing always lived together -- Applicant alleging fairness dictates same procedure should apply whether decision made concerning extension, renewal or cancellation of Minister's permit and fairness requiring opportunity to respond to objections to extension, renewal or cancellation before decision made[cad 211]Application dismissed -- Court not persuaded applicant unaware of immigration officer's concern about marriage arrangements nor that applicant not having opportunity to respond before decision not to extend permit granted -- Process followed by respondent's representatives fair -- Immigration Act, s. 83(1) providing any judgment of Trial Division on application for judicial review appealable only if Trial Division certifying serious question of general importance involved and stating question at time judgment rendered -- Federal Court Immigration Rules, 1993, R. 18 providing Court shall not render judgment in application for judicial review without giving parties opportunity to request judge certify serious question of general importance involved -- Applicant submitting whether procedures described in Immigration Manual for dealing with renewal or extension of Minister's permit should, out of fairness to applicant, be same as those set out for dealing with cancellation as such question -- Question stated by applicant not raised by facts of case -- No serious question of general importance raised -- Immigration Act, R.S.C., 1985, c. I-2, ss. 82.1 (as am. by S.C. 1992, c. 49, s. 73), 83(1) (as am. idem) -- Federal Court Immigration Rules, 1993, SOR/93-22 R. 18 -- Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5) -- Federal Court Rules, C.R.C., c. 663, R. 1618 (as am. by SOR/92-43, s. 19).