| Citation: |
Gjoka v. Canada (Minister of Citizenship and Immigration), 2009 FC 943, [2009] 4 F.C.R. D-10 |
IMM-1395-09 |
Citizenship and Immigration
Status in Canada
Permanent Residents
Judicial Review of Immigration and Refugee Board Immigration Appeal Division (IAD) decision applicant subject to Immigration and Refugee Protection Regulations (current Regulations), SOR/2002-227, s. 98—Applicant applying for permanent resident status in Canada under entrepreneur category in 2001—Application made under Immigration Act (former Act), R.S.C., 1985, c. I-2, but selection decision, permanent resident visa issued after coming into force of Immigration and Refugee Protection Act (current Act), S.C. 2001, c. 27—Whether IAD erred in law in finding no transitional provisions allowing entrepreneur conditions under former Act, Immigration Regulations, 1978 (former Regulations), SOR/78-172 to be imposed after coming into force of current Act—Current Act providing transitional scheme in order to address issue of applications made before its coming into force in 2002—In light of transitional provisions, current Regulations, s. 318, applicants selected under entrepreneur class under former Act required to comply with post-admission to Canada terms, conditions set out in former Regulations, ss. 23(a) to (d)—Interpretation of transitional provisions by IAD too restrictive, implying that current Regulations, s. 98 can be applied retroactively to entrepreneur applicant who filed application prior to January 1, 2002 under former Act, Regulations—Nothing in current Act, Regulations, transitional provisions supporting such proposition—Application allowed.
Gjoka v. Canada (Minister of Citizenship and Immigration) (IMM-1395-09, 2009 FC 943, Beaudry J., judgment dated September 22, 2009, 17 pp.)