Digests

Canada (Minister of Citizenship and Immigration) v. Petrea

IMM-4395-00

2001 FCT 1373, Blanchard J.

13/12/01

7 pp.

Application for judicial review from decision of Immigra-tion and Refugee Board Appeal Division--Defendant made sponsoring application for wife Claudia Cocilnau--Latter, being defendant's wife, able to file application for permanent residence in Canada as person in family class--Visa officer found Ms. Cocilnau got married primarily in order to obtain admission to Canada as member of family class, not in order to live permanently with husband--Appeal Division allowed defendant's appeal--Whether made error of law in hearing defendant's appeal and allowing it without considering whether had jurisdiction to do so--When plaintiff not covered by "family class" definition, Appeal Division has no jurisdic-tion to rule on landing application--Must first look at evidence as whole and then form conclusion as to whether person who made sponsored landing application member of family class or part of class contemplated by Immigration Regulations, 1978, s. 4(3)--Appeal Division did not consider question of jurisdiction--In reasons made no analysis of relevant facts to determine whether, under definition, Ms. Cocilnau person included in family class--Exercise necessary in order to determine whether Appeal Division had jurisdic-tion to rule on merits of dismissal of landing application-- Appeal Division acted without jurisdiction--Application allowed--Immigration Regulations, 1978, SOR/78-172, s. 4(3) (am. by SOR/93-44, s. 4).