Pillay v. Canada ( Minister of Employment and Immigration )
T-1283-92
Denault J.
8/10/93
8 pp.
Application for judicial review of refusal of application for permanent residence from within Canada on basis marriage for purposes contrary to Immigration Regulations, 1978, s. 4(3) and applicant inadmissible under Immigration Act, s. 19(2)(d)-Applicant citizen of South Africa-Marrying permanent resident two weeks after arrival in Canada-After husband signing undertaking of assistance on behalf of wife, authorization issued by order in council permitting applicant to apply for landing from within Canada-Upon receipt of information marriage one of convenience, investigation into bona fides thereof initiated-Aunt providing letters indicating applicant wanted assistance in getting into Canada by way of fraudulent employment guarantee or fiancé and making negative comments about future husband-During third interview applicant and husband each signing declaration marriage one of convenience-Husband withdrawing undertaking of assistance-Application dismissed-Cases distinguished indicating issuance of special authorization granting right to be landed as applications therein indicating applicant met all requirements of Act and/or application for landing already considered and decided-Request for order in council herein stating applicant "may meet other requirements of Act and Regulations"-Request not final determination of application for landing and applicant "may meet other requirements" only once properly assessed-Issuance of order in council not purporting to prevent application of Regulations, 1978, s. 4(3) or Act, s. 19(2)(d)-Until final determination on whether applicant meeting requirements for landing, applicant susceptible to investigation of bona fides of marriage-Immigration officer acting within jurisdiction in reviewing applicant for landing after special autorization issued and after undertaking of assistance purportedly withdrawn-Evidence not indicating statutory declarations obtained under duress or as result of coercion-Detailed affidavits of immigration officers, supported by interview notes, indicating standard procedures followed, applicant and husband aware of rights, implications of decisions at all times-No breach of Charter, s. 7-No reasonable apprehension of bias-When interviews took place, evidence marriage one of convenience, but applicant given opportunity to respond to allegations applicant already determined to meet necessary requirements-Immigration Act, R.S.C., 1985, c. I-2, ss. 9, 19(1)(d), 114(2)-Immigration Regulations, 1978, SOR/78-172, s. 4(3) (as am. by SOR/84-140, s. 1)-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7.