Contreras v. Canada ( Minister of Citizenship and Immigration )
IMM-3216-95
McKeown J.
22/10/96
7 pp.
Judicial review of Immigration and Refugee Board, Appeal Division's decision not having jurisdiction to hear appeal-In 1988 applicant applied for permanent residence in Canada-Application sponsored by father-Not pursuing application until 1992-Father died in 1990-Board member Wiebe holding as undertaking signed by father and wife, sponsorship surviving, visa not nullity, Board having jurisdiction-When parties reconvening to hear merits, Board member Ariemma presiding-Revisiting jurisdictional issue based on new evidence appellant neither natural nor adopted daughter of father's widow-Holding visa invalid, no right of appeal, Appeal Division without jurisdiction-Application allowed-Breach of principles of natural justice-Neither statutory nor common law allowing colleague in same tribunal or court to reverse decision based on new evidence in different matter showing first decision incorrect-Parties should at least have been offered opportunity to explore issue of jurisdiction in light of new facts-Matter returned to Appeal Division to be redetermined by another panel, both on question of jurisdiction, merits.