Lok v. Canada ( Solicitor General )
T-700-92
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 -- "Retired persons" provision in Regulations introduced to accommodate persons born in Canada, but relinquishing Canadian citizenship -- Definition requiring individual to have "attained at least fifty-five years of age" -- "Retired persons" not subject to normal "points system" used for independent immigrants -- Selection criteria set out in s. 8(1)(e) -- "Retired" category eliminated effective August 2, 1991 by SOR/91-433 -- Applicant submitting application for permanent residence October 29, 1990 although not turning fifty-five until October 25, 1991 -- Application reviewed on February 26, 1992 -- Visa officer determining applicant not "retired person" as meeting age requirement neither when application submitted nor when category abolished -- Applicant arguing having right to have application considered and processed in accordance with procedures existing at time Commission accepting application -- Also arguing Commission's practice of accepting applications by underage applicants under "retired persons" category raising "reasonable or legitimate expectation" application will be processed in accordance with category as existed when application submitted and such applications should not be affected by any subsequent changes in law -- Application dismissed -- No evidence procedure with regards to processing applications changed, amounting to breach of duty of fairness enunciated in Henry v. Canada (Minister of Employment and Immigration) (1988), 6 Imm. L.R. (2d) 161 (F.C.T.D.) -- Law, not procedure amended -- Doctrine of "legitimate expectation" not creating substantive rights: Reference Re Canada Assistance Plan (B.C.), [1991] 2 S.C.R. 525 -- When applicant submitting application to Commission, not meeting age requirement and not legally entitled to have application processed under category -- Practice of accepting applications filed by underage persons not giving rise to expectation or right that category would still prevail when individual actually qualified under program -- Fact some individuals may be prejudiced by legislative amendments not rendering amendments unlawful -- Immigration Regulations, 1978, SOR/78-172, ss. 2 (as am. by SOR/91-433, s. 1), 8 (as am. idem, s. 3) -- Immigration Act, R.S.C., 1985, c. I-2, ss. 83 (as am. by S.C. 1992, c. 49, s. 73), 114.