Chan v. Canada ( Solicitor General )
T-1256-92
Rouleau J.
14/10/93
7 pp.
Application to quash Hong Kong visa officer's rejection of application for permanent residence under "retired persons" category -- Application for permanent residence submitted December 31, 1990 although applicant not 55 until March 29, 1992 -- "Retired" category abolished effective midnight August 2, 1991 by SOR/91-433 -- Application reviewed March 31, 1992 -- Visa officer holding as not meeting age requirement at time application submitted, or at any time before category closed, applicant not qualifying as "retired person" -- Regulations, s. 2 defining "retired person" as immigrant who has attained at least 55 years of age and does not intend to seek or accept employment in Canada -- Application dismissed -- Applicant not "retired person" neither as of midnight August 2, 1991 nor on date of filing her application -- "Age of the person concerned" only absolute determinant on which application under former "retired" category could be assessed -- Applicant not entitled to have application considered under this category until attained required age -- SOR/91-433 eliminating her right to have application considered under this category upon her subsequently attaining age 55 -- Respondents only retroactively applying amendment if applicant reaching 55 prior to August 3, 1991 -- Notwithstanding fact application filed by Commission, application not complete -- Application for immigrant visa made "when it duly initiates the process leading to the issue or refusal of the visa" -- Since not qualifying for consideration under "retired" category, filing of application not initiating process leading to issuance or refusal of visa so as to give rise to right to have application considered in accordance with retirement provisions as existed on that date -- No procedural unfairness as not entitled to interview -- On date application reviewed retired category no longer existed -- Visa officer not required to address questions posed by Regulations, s. 8(1)(e) because no longer in force -- Immigration Act, R.S.C., 1985, c. I-2, ss. 83 (as am. by S.C. 1992, c. 49, s. 73), 114 -- Immigration Regulations, 1978, SOR/78-172, ss. 2 (as am. by SOR/91-433, s. 1), 8 (as am. idem, s. 3).