Lal v. Canada ( Minister of Citizenship and Immigration )
IMM-4191-94
Reed J.
25/9/95
5 pp.
Application to set aside decision of Immigration Officer refusing application for permanent resident status-Application refused on ground husband inadmissible to Canada as convicted of criminal offence-Applicant arguing application should have been assessed independently of husband's under regulatory scheme respecting Designated Class members-Issue already decided in Kaisersingh v. Canada (Minister of Citizenship and Immigration) (1994), 89 F.T.R. 276 (F.C.T.D.) and Kandasamy v. Canada (Minister of Citizenship and Immigration) (1994), 87 F.T.R. 296 (F.C.T.D.)-Claimant, husband arrived in Canada with children in December 1987-Claim for Convention refugee status by wife and children intended to be dealt with as part of husband's claim-Husband's application for permanent resident status denied in November 1992 because of criminal record-Denial of wife's application for permanent resident status in August 1993 based on husband's criminal record-Procedure under Immigration Act changed in February 1993 so that credible basis hearings no longer part of process-Applicants found not to be Convention refugees-Claimant should be considered to be within Designated Class-Left out of formal credible basis procedure as result of administrative oversight-Oversight cured by rejoining her and children to husband's claim for full CRDD hearing-Claimant's application adjourned pending decisions in Kaisersingh and Kandasamy-Refugee Claimants Designated Class Regulations, SOR/90-40-Immigration Act, R.S.C., 1985, c. I-2.