CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Perera v. Canada (Minister of Citizenship and Immigration)
IMM-6060-00
2001 FCT 1047, Dubé J.
25/9/01
8 pp.
Application for judicial review of decision by Immigration and Refugee Board, Appeal Division, dismissing appeal from visa officer's decision refusing sponsored application for permanent residence in Canada of applicant's two adopted sons--Latter nephews of applicant, second wife, now 13, 14 years old--Adoption legal in Sri Lanka, approved by Department of Probation and Child Care Services of Sri Lanka, Adoption and Counselling Services in British Columbia--Appeal Division finding little evidence of genuine parent-and-child relationship between Pereras, applicants--Failure of Appeal Division to consider two vital documents fatal error leading to wrong decision--Two documents relating directly to issue of genuine parent-and-child relationship, to motivation, planning of applicant and wife--Appeal Division adopting improper concept of "genuine parent and child relationship" in suggesting adopting parents' desire to bring boys to Canada, to provide them with better life, education contradictory to establishment of genuine parent-and-child relationship--Words "genuine parent and child relationship" not requiring fully developed parent-and-child relationship between adoptive parents, children at time of sponsored application--Two adopted children still living with natural mother as not allowed to join adopted parents in Canada--Words "a genuine parent and child relationship being created as result of adoption" pointing to future relationship to be created, not to confirmation of present situation--Applicant, wife having taken deliberate steps to establish parent-child relationship--Not adoption of convenience but genuine relationship being created--Application allowed--Question certified.