CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Kali v. Canada (Minister of Citizenship and Immigration)
IMM-2881-01
2002 FCT 1080, Tremblay-Lamer J.
16/10/02
12 pp.
Judicial review of Immigration and Refugee Board (Adjudication Division) member's (adjudicator) decision --Applicant in Canada on extended work permit--Conditions of permit including prohibition against working for any employer other than one listed--Applicant apprehended working for another employer in another location--Detained and report issued, alleging breach of work conditions contrary to Immigration Act, s. 27(2)(b), Immigration Regulations, s. 18(2)--Adjudicator finding applicant person described in s. 27(2)(b), in breach of terms of employment authori-zation-- Deportation order issued--Applicant submitting adjudicator disregarded evidence, misapplied Act; arguing different employment location not relevant--Applicant knew two locations two separate employers--Deportation order rule: Act, s. 32.1(4) and (5)--Adjudicator not erring in ordering deportation--Adjudicator lacking jurisdiction, under Act, s. 103(6), to review terms and conditions of applicant's release --Application dismissed--Question for certification request denied--Immigration Act, R.S.C., 1985, c. I-2, ss. 27(2)(b) (as am. by S.C. 1992, c. 49, s. 16), 32.1(4) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 12), (5) (as am. by S.C. 1992, c. 49, s. 23), 103(6) (as am. by S.C. 1995, c. 15, s. 19)-- Immigration Regulations, 1978, SOR/78-172, s. 18(2).