Jaime Florencio Zuniga, Jaime Anibal Cumbicos
and Jorge Enrique Castillo (Appellants)
v.
Minister of Manpower and Immigration
(Respondent)
Court of Appeal, Jackett C.J., Thurlow J. and
Sweet D.J.—Toronto, September 28, 1972.
Immigration—Admissibility of would-be immigrant—
Inquiry by Special Inquiry Officer—Admissibility to be
determined on facts at time of inquiry—Immigration Act,
R.S.C. 1970, c. I-2, s. 27.
A Special Inquiry Officer in exercising the duty imposed
on him by section 27 of the Immigration Act must deter
mine the admissibility of a person desiring to come to
Canada on the facts as they existed at the time of the
inquiry.
APPLICATIONS for leave to appeal from
Immigration Appeal Board.
Mendel Green for appellants.
E. A. Bowie for respondent.
The judgment of the Court was delivered by
JACKETT C.J. (orally)—Mr. Bowie: We have
decided not to call on you.
The question of law upon which the applica
tion for leave was based was whether the
majority of the members of the Immigration
Appeal Board were correct when they
expressed the view that the Special Inquiry
Officer, in exercising the duty imposed on him
by section 27 of the Immigration Act, [R.S.C.
1970, c. I-2] must determine the admissibility of
a person desiring to come into Canada "on the
facts as they existed at the time of the Inquiry".
We think that the majority was correct and we
do not think that this question of law is fairly
arguable.
The applications for leave to appeal will be
dismissed.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.