Canada ( Minister of Citizenship and Immigration ) v. Tan
IMM-3954-97
Rothstein J.
11/12/98
7 pp.
Judicial review of Appeal Division's stay of deportation-After obtaining immigrant visa as dependant respondent married-Upon arrival at port of entry not disclosing marriage-Based on misrepresentation of marital status, proceedings commenced under Immigration Act, s. 27(1)(e), deportation order issued-Applicant submitting respondent never permanent resident because of misrepresentation at port of entry-Immigration Appeal Division having jurisdiction under s. 70(1)(b) to decide appeal from adjudicator's decision under s. 32(2)-Canada (Minister of Citizenship and Immigration) v. Seneca, [1998] 3 F.C. 494 (T.D.) applied-(1) As premise of s. 27(1)(e) that person obtaining permanent resident status through misrepresentation, misrepresentation not basis for saying permanent resident status never conferred-(2) Illogical to think implicit in s. 70(1) that at appeal stage, permanent resident status to be addressed by Appeal Division as condition precedent to jurisdiction-Cannot reconcile why permanent resident status would be accepted for purposes of ss. 27(1), 32(2), but not 70(1)-Obvious scheme of Act to include process of appeal from deportation order issued against permanent resident-(3) Applicant submitting if individual obtaining citizenship after misrepresentation in obtaining permanent resident status, losing status both as citizen and as permanent resident-Arguing person cannot be in preferred position in respect of permanent resident status because misrepresentation caught before obtained citizenship-Ignores fact Citizenship Act, s. 10(2) requiring process under Immigration Act (i.e. ss. 27(1), 32(2), 70) to determine individual obtained permanent resident status by false representation or by fraud-(4) S. 24(1) setting out statutory scheme by which person ceasing to be permanent resident-Expressly providing for quashing or staying of removal order which would otherwise result in individual ceasing to be permanent resident-S. 24(1) recognizing possibility, arising from appeal under s. 70(1), that permanent resident status may not cease by reason of quashing or stay of removal order-Indicating Appeal Division having jurisdiction assumed-Question certified: does Appeal Division have jurisdiction under Immigration Act, s. 70(1) to entertain appeal of person where adjudicator found person granted landing by means of material misrepresentation of marital status pursuant to s. 27(1)(e)-Immigration Act, R.S.C., 1985, c. I-2, ss. 24(1) (as am. by S.C. 1995, c. 15, s. 4), 27(1)(e), 32(2) (as am. by S.C. 1992, c. 49, s. 21), 70(1)(b) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18)-Citizenship Act, R.S.C., 1985, c. C-29, s. 10.