A-17-75
Mohammed Shahzad (Applicant)
v.
Minister of Manpower and Immigration
(Respondent)
Court of Appeal, Urie and Ryan JJ. and MacKay
D.J.—Toronto, March 5, 1975.
Judicial review—Immigration—Deportation order—Appli-
cant in possession of valid employment visa applying for
extension of status—Section 22 report erroneously made,
leading to special inquiry and deportation order—Procedure
premature and invalid—Immigration Act, R.S.C. 1970, c. I-2,
s. 7(1)(h), (2)—Federal Court Act, s. 28.
APPLICATION.
COUNSEL:
M. Green, Q.C., for applicant.
G. Garton for respondent.
SOLICITORS:
Green and Spiegel, Toronto, for applicant.
Deputy Attorney General of Canada for
respondent.
The following are the reasons for judgment
delivered orally in English by
URIE J.: From the evidence before us it is clear
that at the time the applicant reported to the
National Employment Service and subsequently to
the immigration officer, he was in possession of a
valid employment visa and had not then been
found to have lost his non-immigrant status. He
had applied for an extension of the employment
visa and, thus, of necessity, an extension of his
non-immigrant status under section 7(1)(h) of the
Immigration Act. He was entitled to a decision on
this application. However, instead of such a deci
sion, he was found to have reported under subsec
tion 7(3) of the Act, which was not in fact what he
did, and, as a result, a section 22 report was made
which led to the special inquiry and the deporta
tion order.
We are all of the view that this procedure was
premature and thus, invalid. The matter should be
referred back for a decision on the application for
an extension of the employment visa.
* * *
RYAN J. concurred.
* ■ ■
MACKAY D.J. concurred.
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.