Dass v. Canada ( Minister of Citizenship and Immigration )
IMM-1865-96
MacKay J.
11/6/96
6 pp.
Application for stay of deportation order-1990 Order in Council exempting applicant from requirement every immigrant obtain visa before appearing at port of entry-In 1991 convicted of criminal offences-In 1996 deportation order issued on basis inadmissible pursuant to Immigration Act, ss. 27(2)(a), 19(1)(c)-Applicant filing notice of appeal against decision to issue removal order-S. 49 providing execution of removal order stayed where person having right of appeal to Appeal Division or where appeal filed-S. 70(2)(b) providing appeal lies from removal order against person who seeks landing and at time report made pursuant to s. 20(1)(a) in possession of valid visa-Application dismissed-Appeal Division not having jurisdiction over appeal of removal order-Dass v. Canada (Minister of Employment and Immigration), [1996] 2 F.C. 410 (C.A.) holding Order in Council only exempting applicant from requirements of s. 9(1), not granting any right to permanent resident status or to landing-Without right to permanent resident status applicant not in position similar to person in possession of valid immigrant visa, nor can exemption from s. 9(1) put him in similar position-Application of s. 70 meant to be strictly interpreted-S. 70(2)(b) intended to apply only where applicant seeking entry to Canada-Applicant not within scope of s. 70(2)(b) because at time of deportation order, and at time filing appeal, had not acquired visa or right to valid immigrant visa-Immigration Act, R.S.C., 1985, c. I-2, ss. 9, 19(1)(c), 21, 27(2)(a), 49 (as am. by S.C. 1992, c. 49, s. 41), 70(2)(b) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18), 114(2).