A-687-79
Iffat Karim (Applicant)
v.
Minister of Employment and Immigration
(Respondent)
Court of Appeal, Pratte and Ryan JJ. and Kelly
D.J.—Toronto, January 30, 1980.
Judicial review — Immigration — Application to set aside
exclusion order — Applicant's older sister not designated by
Adjudicator to represent applicant pursuant to s. 29(5) of the
Immigration Act, /976 — Adjudicator assumed older sister
was applicant's guardian solely because of her being an older
sister — Inquiry vitiated by failure to comply with s. 29(5) —
Application allowed Immigration Act, 1976, S.C. 1976-77,
c. 52, s. 29(5) — Federal Court Act, R.S.C. 1970 (2nd Supp.),
c. 10, s. 28.
APPLICATION for judicial review.
COUNSEL:
Z. Hague for applicant.
I. S. MacGregor for respondent.
SOLICITORS:
Z. Hague, Toronto, for applicant.
Deputy Attorney General of Canada for
respondent.
The following are the reasons for judgment of
the Court delivered orally in English by
PRATTE J.: In our view the transcript of the
inquiry that culminated in the making of an exclu
sion order against the applicant shows that the
applicant's older sister was not designated by the
Adjudicator pursuant to subsection 29(5) of the
Immigration Act, 1976, S.C. 1976-77, c. 52, to
represent the applicant "at the expense of the
Minister". The transcript shows, rather, that the
Adjudicator assumed that the older sister was the
applicant's guardian for the sole reason that she
was her older sister. This was, in the circumstances
of this case, an unwarranted assumption. The
inquiry was therefore vitiated by the failure of the
Adjudicator to comply with the prescriptions of
subsection 29(5) and, for that reason, the exclu
sion order made against the applicant will be set
aside.
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.