CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Varnosfaderani v. Canada (Minister of Citizenship and Immigration)
IMM-91-00
2001 FCT 109, Lemieux J.
23/2/01
7 pp.
Application for judicial review of decision by Citizenship and Immigration Canada (CIC) refusing to recognize applicant as member of Post-determination Refugee Claimants in Canada Class (PDRCC) as application not received within required time period--Application must be allowed as CIC examined, from wrong end of telescope, issue of whether applicant's PDRCC application out of time--CIC asking itself when did Department receive application rather than asking when did applicant send application--Governing provision Immigration Regulations, s. 11.4(2)(b) which provides applicant "shall submit an application not later than 15 days after the person is notified of the determination by the Refugee Division"--Ordinary meaning of word "submit" in s. 11.4(2)(b) to send, make application--Applicant received Refugee Division's decision on May 10, 1999--Application sent on May 24, 1999--Application not out of time--Judicial review application allowed--Immigration Regulations, 1978, SOR/78-172, s. 11.4 (as enacted by SOR/93-44, s. 10; 97-182, s. 5).