CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Lealh v. Canada (Minister of Citizenship and Immigration)
A-260-00
2001 FCA 295, Richard C.J.
10/10/01
3 pp.
Appeal from Trial Division decision ((2000), 188 F.T.R. 102 (F.C.T.D.)) dismissing application for judicial review of reviewing officer's decision holding appellant could not be considered member of Post-Determination Refugee Claimants in Canada (PDRCC) class on ground failed to submit application within time prescribed--Trial Judge certifying question as to whether Immigration Regulations, 1978, s. 11.4(2)(b) beyond scope of regulation-making powers conferred on Governor in Council by Immigration Act, s. 114(1)(e) in so far as prescribes time for submitting application for determination of whether applicant is member of PDRCC class for purposes of s. 6(5) of Act--Trial Judge dismissing application for judicial review, relying mainly on reasons he wrote in Bensalah v. Canada (Minister of Citizenship and Immigration) (1999), 173 F.T.R. 73 (F.C.T.D.) and Gill v. Canada (Minister of Citizenship and Immigration) (1999), 173 F.T.R. 183 (F.C.T.D.), holding that s. 114(1)(e) in fact gave Governor in Council authority needed and regulatory provision therefore intra vires--Trial Judge also concluding power to establish procedure for considering applications for determination whether member of class includes power to prescribe time limit within which to submit application--Trial Judge also concluding necessary to prescribe time limit to ensure proper administration of Act and this time limit reasonable--Court in agreement with conclusion--Question certified answered in the negative, appeal dismissed--Immigration Regulations, 1978, SOR/78-172, s. 11.4(2)(b) (as enacted by SOR/93-44, s. 10; 93-412, s. 6; 97-182, s. 5)--Immigration Act, R.S.C., 1985, c. I-2, ss. 6(5) (as am. by S.C. 1992, c. 49, s. 3), 114(1)(e).