A-25-81
Gloria Verneta Coombs (Applicant)
v.
Minister of Employment and Immigration
(Respondent)
Court of Appeal, Pratte and Le Dain JJ. and
Verchere D.J.—Vancouver, April 2, 1981.
Judicial review -- Immigration — Application to set aside
decision of Adjudicator which was based on the premise that
resident and permanent resident are synonymous — Applica
tion allowed — Federal Court Act, R.S.C. 1970 (2nd Supp.), c.
10, s. 28.
APPLICATION for judicial review.
COUNSEL:
R. Rothe for applicant.
A. Louie for respondent.
SOLICITORS:
Rothe, Lipetz, Elias, Raynier & Pinsky, Van-
couver, 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.: As we understand it, the decision
under attack was based on the premise that the
question "Are you a resident of Canada?" neces
sarily meant "Are you a permanent resident of
Canada?" That premise appears to us to be wrong
in law.
The decision made by the Adjudicator will
therefore be set aside and the matter will be
referred back to him for decision on the basis that
the expressions "permanent resident of Canada"
and "resident of Canada" are not, in law,
synonymous.
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.