Canada ( Minister of Citizenship and Immigration ) v. Yu
IMM-1264-96
Dubé J.
6/6/97
7 pp.
Judicial review of Immigration and Refugee Board, Appeal Division's decision allowing respondent's appeal under Immigration Act, s. 70, quashing deportation order-Respondent receiving immigration visa in July 1991, immigrating to Canada in December as "never married dependant" of father-January 1989 marriage disclosed to neither Canadian authorities nor family-In July 1992 respondent filing undertaking of assistance for husband listing him as fiancé-In October 1992 returning to Philippines where again marrying husband before application processed as fiancé-S. 70 permitting permanent resident against whom removal order made to appeal to Appeal Division on either question of law or fact or on ground that having regard to all circumstances, person should not be removed from Canada-Minister submitting Appeal Division committing reviewable error when assumed jurisdiction as visa void ab initio having been issued on respondent's misrepresentations-Respondent contending validity of immigrant visa could not be questioned since now permanent resident-Application allowed-Misrepresentation ab initio compounded by marrying husband second time without disclosing information to immigration authorities-Foundation on which issuance of visa rested never existed: respondent not dependent daughter at time of application for visa as already married-Appeal Division having no jurisdiction to entertain appeal-Questions certified: Does IAD have jurisdiction under s. 70(1) to entertain appeal of person landed in reliance on fraudulent misrepresentation made by that person?-Has person landed based on fraudulent misrepresentation been given lawful permission to establish self within Canada so as to be "permanent resident" who can appeal under s. 70(1)?-Does IAD have jurisdiction under s. 70(1) to entertain appeal, whether or not report on person made under s. 27(1)(e) or s. 27(2)(g)?-Immigration Act, R.S.C., 1985, c. I-2, ss. 27(1)(e) (as am. by S.C. 1992, c. 49, s. 16), (2)(g) (as am. idem), 70(1) (as am. by S.C. 1995, c. 15, s. 13).