Canada ( Minister of Citizenship and Immigration ) v. Singh
IMM-408-96
Gibson J.
18/10/96
6 pp.
Judicial review of Immigration and Refugee Board, Appeal Division's decision that although immigration officer's decision to deny landing to respondent's alleged spouse as member of family class valid, compassionate or humanitarian considerations warranting granting of special relief under Immigration Act, s. 77-On applications for visitors visa, respondent, priest, indicating married to Surinder Kaur-Now claiming married to Ravinder Kaur, who gave birth to daughter few months after respondent obtaining Canadian citizenship-While upholding decision rejecting sponsored application for landing of Ravinder Kaur on basis respondent not free to marry her by reason of previous marriage, and finding respondent's lies to be egregious, serious breach of trust, Tribunal referring to Ravinder as "wife", concluding reunification of "family" constituting compassionate consideration warranting decision in respondent's favour-At close of hearing, presiding member stating letter of refusal valid but allowing appeal pursuant to s. 77(3)(b)-Then stating letter of refusal not valid and allowing appeal pursuant to s. 77(3)(b)-First statement consistent with decision entered, written reasons-Later statement, purportedly correcting first statement, inconsistent with decision entered, written reasons-"Slip" or "error" in statements of presiding member at close of hearing, not in decision entered, supported by written reasons-That decision entered and written reasons inconsistent with final position of presiding member at close of hearing inconsequential-Shairp v. M.N.R., [1989] 1 F.C. 562 (C.A.) applied-Having concluded rejection of Surinder Kaur's application for landing valid as not member of family class, Tribunal lacked jurisdiction under s. 77 to consider respondent's appeal-Immigration Act, R.S.C., 1985, c. I-2, s. 77 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 33; S.C. 1995, c. 15, s. 15).