Citizenship and Immigration
Immigration Practice
Judicial review of decision of Immigration and Refugee Board, Immigration Appeal Division (IAD) concluding having jurisdiction to hear respondent’s appeal of removal order—Removal order issued, respondent voluntarily left Canada without appealing order—Two days after departure from Canada respondent applying to IAD for extension of time to file appeal of removal order—IAD granting application—IAD removal order executed before filing notice of appeal—IAD erred in law by not applying case law stating IAD having continuing jurisdiction to reopen appeal until actual execution of removal order but not thereafter—Since IAD not having jurisdiction to cancel removal order once order executed, not having jurisdiction to grant application (filed after such execution) to extend time to lodge appeal of removal order—Application allowed.
Canada (Minister of Citizenship and Immigration) v. Rumpler (IMM-962-08, 2008 FC 1264, Pinard J., judgment dated November 14, 2008, 11 pp.)