Gill v. Canada ( Minister of Citizenship and Immigration )
IMM-760-96
Gibson J.
22/10/96
8 pp.
Application for judicial review of decision of Appeal Division (the Tribunal) of Immigration and Refugee Board refusing to consider appeal from visa officer's decision rejecting application for landing in Canada of Indian citizen-Applicant landed in Canada in April of 1986-Agreed to adopt grandson of deceased brother-In October of 1991, applicant providing undertaking of assistance to sponsoree, as member of family class-Sponsoree's application for landing formally rejected by letter dated June 23, 1994-Tribunal finding no intention to transfer sponsoree from family of birth to family of adoption-Adoption not complying with Hindu Adoptions and Maintenance Act, 1956-Sponsoree found by Tribunal not to be member of family class-In order to qualify as member of family class, sponsoree had to be unmarried son of applicant-To qualify as "son" of applicant, sponsoree, not being natural son of applicant, had to have been adopted by applicant before attaining specific age-Tribunal finding required intent to be lacking, thus adoption not to have been in accordance with laws of country other than Canada-Case law requiring examination of both whether valid adoption in accordance with laws of India and, if so, whether adoption in accordance with laws of India has resulted in creation of parent and child relationship within terms of Immigration Act, Regulations-Tribunal's conclusion requisite intent lacking reasonably open to it-No basis on which to conclude Tribunal erred in reviewable manner in reaching decision-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2-Immigration Regulations, 1978, SOR/78-172.