Canada ( Minister of Citizenship and Immigration ) v. Gill
IMM-123-97
Gibson J.
29/9/97
7 pp.
Judicial review of Immigration and Refugee Board's decision allowing appeal from visa officer's refusal of sponsored application for landing in Canada of allegedly adopted daughter of respondent-In 1992 respondent's husband, Kuldip, executing undertaking of assistance as sponsor for landing of adopted daughter-Respondent signing as spouse of Kuldip-In support of application, Kuldip providing financial evaluation form, again signed by respondent as "guarantor's spouse" and including her employment, income information-In 1994 Kuldip withdrawing sponsorship-Application for permanent residence submitted on behalf of adopted daughter refused-Letter dated January 6, 1995 advising Kuldip-sponsored application for permanent residence refused-Decision reflected in that letter appealed by notice of appeal naming both Kuldip and respondent as appellants and signed by both-Kuldip not appearing at hearing, but counsel appearing, withdrawing from case-Appeal Division holding since Kuldip and respondent joint sponsors and appellants, respondent having right of appeal in own right, within its jurisdiction to hear appeal-Whether Appeal Division exceeding jurisdiction in proceeding with appeal on basis only sponsor can appeal to Appeal Division, and Kuldip withdrawing appeal-Application dismissed-Reasonably open to Appeal Division to conclude Kuldip, respondent joint sponsors, joint appellants-While Immigration Act, Regulations not expressly contemplating joint sponsorships, not precluding such joint sponsorships-Respondent not only signing all documentation relevant to application to sponsor, but without her commitment to obligations of sponsorship, contribution to family income, Kuldip not eligible to sponsor adopted daughter-Applicant's Inland Processing Policy Manual specifically contemplating possibility of co-sponsors-Appeal Division's conclusion reasonably open to it-Question certified: can spouse, by signing undertaking of assistance as spouse and fulfilling requirements of Inland Processing Policy Manual be characterized as joint sponsor or co-sponsor with rights, responsibilities of sponsor within meaning of Immigration Act, Regulations-Immigration Act, R.S.C., 1985, c. I-2-Immigration Regulations, 1978, SOR/78-172.