CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Sidhu v. Canada (Minister of Citizenship and Immigration)
IMM-3257-01
2002 FCT 260, Dawson J.
7/3/02
16 pp.
Application for judicial review of decision of senior immigration officer refusing to land applicants Singh and Kaur, for mandamus ordering that they be immediately landed --Applicant Singh Sidhu landed in Canada in August 1995 as permanent resident--Sponsored applications for landing of father, Ranjodh Singh, sister Kiranjeet Kaur--Mr. Sidhu born in India, moved to United States, became American citizen in 1994--Applied to immigrate to Canada, granted permanent residence in August 1995--Intended upon immigrating to Canada to sponsor parents, siblings to immigrate--Kiranjeet Kaur, Ranjodh Singh arrived in Canada on April 6, 2000 with immigrant visas seeking landing as permanent residents-- Whether decision to refuse landing to Kiranjeet Kaur, Ranjodh Singh in error--Remedies such as those sought herein ought not to be granted if Court satisfied adequate, alternative remedy available to applicant--Legislative provisions governing landing provide adequate, alternative remedy to judicial review of decision of senior immigration officer-- Declining, in face of adequate alternative remedy, to exercise Court's discretion at this juncture preserves integrity of process established by Parliament, reflects proper, measured concern for economic use of judicial resources, ensures that, if questions of law ultimately to be decided by Court on application for judicial review, Court will have benefit of reasons from Appeal Division--Application dismissed.