Dhaliwal v. Canada ( Minister of Citizenship and Immigration )
IMM-1127-96
Rouleau J.
19/11/96
9 pp.
Application for judicial review of Appeal Division (Tribunal) decision holding applicant's adopted daughter not member of family class within meaning of Immigration Regulations, 1978 and dismissing appeal from refusal to approve application for landing made by applicant's adopted daughter for lack of jurisdiction-Application dismissed-Application for landing originally refused on basis adopted daughter had not demonstrated existence of genuine relationship of parent and child between her and sponsor (applicant), that ties with natural family not replaced by those of sponsor, or that alleged adoption entered into for any other reason than for residing in Canada-Tribunal found no intention to transfer child from birth family to adoption family and dismissed appeal-March 1994 amendments to Regulations, s. 6(1)(e) applicable pursuant to Regulations, s. 6(1.01): although refusal decided following interview in February 1994, refusal not notified until June 1994-Decision taken to have been made when notice of decision given to affected parties: Dass v. Canada (Minister of Employment and Immigration), [1996] 2 F.C. 410 (C.A.)-Former definition of "adopted" also required assessment of factual circumstances surrounding adoption-Accordingly, irrespective of which definition of "adopted" applied herein, Tribunal correct in examining authenticity of adoption and finding evidence not indicative of genuine parent/child relationship: Singh v. Canada (Minister of Employment and Immigration), [1990] 3 F.C. 37 (C.A.)-Immigration Regulations, 1978, SOR/78-172, ss. 2 (as am. by SOR/92-101; 93-44), 6(1)(e) (as am. by SOR/94242), (1.01) (as enacted idem).