Villareal v. Canada ( Minister of Citizenship and Immigration )
IMM-1338-98
Evans J.
30/4/99
8 pp.
Application for judicial review of IRB Immigration Appeal Division decision dismissing appeal from deportation order based on finding applicant had obtained admission to Canada by virtue of misrepresentation as to marital status-Applicant arguing Board erred in regarding fact of misrepresentation as dispositive of appeal, regardless of evidence of applicant's successful establishment in Canada and of hardship forced separation of family members would inflict-Application dismissed-Board's reasons revealing Board took into account all circumstances of case, notably in considering whether to exercise equitable jurisdiction-Board did not err in law by taking into account seriousness of misrepresentation-Misrepresentation may be more or less serious, depending, for example, on whether deliberate or inadvertent, and on all circumstances in which made-Person who obtained entry by virtue of deliberate and calculated lie surely more undesirable than where obtained entry as result of carelessness or misunderstanding-Use of deportation power to protect integrity of statutory scheme of immigration control public policy consideration that may legitimately be taken into consideration in exercise of power neither penal nor criminal in Charter sense-Despite obviously sympathetic features of present case, something more egregious than this required to establish that Board's weighing of relevant factors rendered decision erroneous in law on patently unreasonable exercise of discretion: Mohammed v. Canada (Minister of Citizenship and Immigration), [1997] 3 F.C. 299 (T.D.)-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44].