Hersi v. Canada ( Minister of Citizenship and Immigration )
IMM-4411-97
Gibson J.
26/8/98
4 pp.
Application for judicial review of Immigration officer's decision-Applicant failed Convention refugee claimant, member of Deferred Removal Orders Class (DROC)-In November 1996, applicant applied for permanent residence from within Canada by submitting Immigration form 5001-Applying as "humanitarian and compassionate case" and as "Post-Determination Refugee Claimant in Canada"-Immigration Regulations, 1978, s. 11.401 requiring member to submit application for landing to Immigration officer within 120 days after becoming member of Deferred Removal Orders Class-Requirement fulfilled by applicant-That application for landing from within Canada not as member of Deferred Removal Orders Class but as humanitarian and compassionate case and Post-Determination refugee claimant irrelevant for purposes of requirement-Conclusion contrary to that of Dubé J. in Singh (Gurmail) v. Canada (Minister of Citizenship and Immigration) (1997), 125 F.T.R. 223 (F.C.T.D.)-Applicant herein complied with strict terms of only requirement at issue in Regulations-Clear, unequivocal meaning of Regulation should prevail over interpretation that would alleviate administrative burden on respondent's officials but that is not consistent with clear meaning of words of Regulation-Application allowed-Immigration Regulations, 1978, SOR/78-172, s. 11.401 (as enacted by SOR/94-681, s. 3).