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CITIZENSHIP AND IMMIGRATION

Exclusion and Removal

Inadmissible Persons

Biao v. Canada (Minister of Citizenship and Immigration)

A-752-99

2001 FCA 43, Létourneau J.A.

28/2/01

3 pp.

Appeal from Motions Judge's decision ([2000] 2 F.C. 348) dismissing application for judicial review of rejection by visa officer of appellant's application for permanent residence and certifying following question: whether Canada-Quebec Accord limiting visa officer's jurisdiction to question source of funds of Quebec-destined applicant for permanent residence in Canada, in order to establish applicant's admissibility?--Appeal dismissed; question answered in negative--No incompatibility in powers and duties of two signatories of Canada-Quebec Accord on immigration to Quebec--Accord, clause 12 providing federal government has authority to admit immigrants to Quebec and Government of Quebec has responsibility and powers of selecting immigrants wishing to settle in Quebec--Naturally, selection by Quebec made from eligible immigrants--On merits of appeal, Motions Judge right to conclude rejection of application justified on ground applicant had not provided necessary documents establishing admissibility to Canada--Canada-Quebec Accord Relating to Immigration and Temporary Admission of Aliens. Employment and Immigration Canada, February 5, 1991, clause 12--Immigration Act, R.S.C., 1985, c. I-2.

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