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A-579-78
Gurmukh Singh Gill (Appellant) v.
Minister of Employment and Immigration (Respondent)
Court of Appeal, Pratte, Heald and Le Dain JJ.— Vancouver, June 12, 1979.
Immigration — Immigration Appeal Board held appellant not entitled to sponsor the admission to Canada of his natural father because the evidence did not show the father to be his legitimate father — Board's decision based on assumption that appellant had to be his father's "son" within the meaning of s. 2(d) of the Immigration Regulations in order to be able to sponsor his father's admission — Whether or not the word 'father" in s. 31(1)(d) of the Regulations includes natural father — Immigration Regulations, Part I, SOR/62-36 as amended, ss. 2(d), 31(1)(d).
APPEAL. COUNSEL:
Myra R. Elson for appellant. Alan D. Louie for respondent.
SOLICITORS:
Beck, Robinson & Company, Vancouver, for appellant.
Deputy Attorney General of Canada for respondent.
The following are the reasons for judgment of the Court delivered orally in English by
PRATTE J.: This is an appeal from a decision of the Immigration Appeal Board which held, in effect, that the appellant was not entitled to spon sor the admission to Canada of his natural father, Bachan Gill, because the evidence did not show that Bachan Gill was the appellant's legitimate father.
The Board based its decision on the assumption that the appellant, in order to be authorized to sponsor his father's admission, had to be his father's "son" within the meaning of section 2(d) of the Immigration Regulations, Part I, SOR/62- 36. This was, in our view, an erroneous assump tion. Under section 31 of the Regulations, the appellant was entitled to sponsor his father's
admission on the sole condition that he, the appel lant, be a "person residing in Canada who [was] a Canadian citizen or a person lawfully admitted to Canada for permanent residence". The Regula tions do not contain any definition of the word "father" which must, therefore, be given its normal meaning which includes both natural and legitimate father. If the author of the Regulations had wanted to limit the right of sponsors to the sponsorship of their legitimate parents, he would not have used the words "father and mother" in section 31(1) (d) but, rather, the phrase "lawful father and mother" as he has done in section 2(cf) where the word "orphan" is defined as meaning "a person whose lawful father and mother are both deceased".
It is therefore our view that the word "father" in section 31(1)(d) of the Regulations includes a natural father. For that reason, the appeal will be allowed, the decision of the Board will be set aside and the matter will be referred back for decision on the basis that, under section 31(1) (d) of the Immigration Regulations, Part I, the appellant was entitled to sponsor the admission of his natural father.
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