Kuthiala v. Canada ( Health and Welfare )
T-296-94
Tremblay-Lamer J.
30/1/95
7 pp.
Application to set aside Review Committee dismissal of appeal of Minister's decision denying Old Age Security benefits during period at issue -- After obtaining permanent resident status, applicant returning to India to dispose of business assets -- High Commission in New Delhi denying applicant Returning Residence Permit (permit) on basis he had ceased to be permanent resident -- Applicant reapplying for permanent residence and returning to Canada three years later -- Three-year delay in eligibility for Old Age Security benefits as absence from Canada not included in residence calculation -- Review Committee confirming Minister's decision -- Act, s. 28(1) privative clause requiring patently unreasonable standard of review -- Decision patently unreasonable if Review Committee decision unsustainable on any reasonable interpretation of facts or law -- Applicant submitting basis of Review Committee decision, High Commission's refusal to issue permit, illegal -- If High Commission erred, incumbent upon applicant to challenge decision at time; not open to applicant to use present judicial review to revisit High Commission's decision -- Residency question of fact to be determined in circumstances -- As applicant absent from Canada for three-year period following denial of permit, and as applicant not appealing refusal of permit, Review Committee decision sustainable by reasonable interpretation of facts -- Application dismissed -- Old Age Security Act, R.S.C., 1985, c. O-9, s. 28(1).