Chen v. Canada ( Secretary of State )
IMM-1928-94
Rothstein J.
17/2/95
7 pp.
Applicant associated with Vietnamese organized crime and convicted of criminal offence of theft under $1,000 -- Prior to Bill C-86, offence not rendering applicant criminally inadmissible for landing in Canada pursuant to Act, s. 19(2)(a) -- Application for permanent residence on basis of marriage to permanent resident of Canada provisionally accepted prior to amendment -- Applicant not disclosing conviction on application -- Issue whether Bill C-86, s. 109, transitional provision with respect to application of Bill C-86, rendering Act, s. 19(2)(a) as amended applicable to case at bar-Applicant submitting application should be allowed notwithstanding conviction on basis decision not to convoke s. 19(2)(a) inquiry for removal prior to amendment -- Word "application" in s. 109 not envisaging components of application, but rather formal decision on application: decision not to convoke inquiry not formal decision -- Application not decided by coming into force of amendment as applicant's criminal conviction requiring intensive investigation: delay not due to neglect or bad faith -- Internal memorandum indicating will to have applicant removed not made with bad faith or other improper motive -- Clear intention of Parliament to make applications pending as of date of coming into force of Bill C-86 amendment -- Effect of s. 109 rendering Act, s. 19(2)(a) applicable in respect of application pending immediately before coming into force of provision-Application prima facie pending on date of coming into force of amendment and thus s. 19(2)(a) applicable -- Application dismissed -- An Act to amend the Immigration Act and other Acts in consequence thereof, S.C. 1992, c. 49, s. 109 -- Immigration Act, R.S.C., 1985, c. I-2, s. 19(2)(a) (as am. by R.S.C., 1985 (3rd Supp.), c. 30, s. 3; S.C. 1992, c. 47, s. 77; c. 49, s. 11).