Rajadurai v. Canada ( Minister of Citizenship and Immigration )
IMM-4014-98 / IMM-4402-98
Reed J.
30/3/99
9 pp.
Motions by respondent seeking proper interpretation of Immigration Act, s. 82.1(2) exempting visa officer's decisions from requirement leave of Court be obtained before application for judicial review may be commenced-Question in issue correct interpretation of words "a decision of a visa officer" and "any other matter arising thereunder"-Decisions denying admission on humanitarian and compassionate grounds made by Minister's delegate in issue-Applicants sisters in Sri Lanka who applied as assisted family class applicants to be admitted as permanent residents-Letters dated April 13, May 19, 1998 refusing applications as applicants had not obtained sufficient points to be considered for landing, insufficient humanitarian and compassionate grounds to grant landing-French text of s. 82.1(2) clearer than English in conveying idea own decisions of visa officer rather than those made as conduit for another, that are exempt from leave requirements set out in s. 82.1(2)-Applicants' counsel raising significant issue-Respondents' motions granted, applications dismissed as leave not obtained-Immigration Act, R.S.C., 1985, c. I-2, s. 82.1(2) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 19; S.C. 1990, c. 8, s. 53; 1992, c. 49, s. 73).