CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Immigration Inquiry Process |
Jean-Jacques v. Canada (Minister of Citizenship and Immigration)
IMM-3639-04
2005 FC 104, Shore J.
25/1/05
8 pp.
Judicial review of dismissal by Immigration Appeal Division (IAD) ([2004] I.A.D.D. No. 1172 (QL)) of applicant's appeal from refusal of sponsorship application of daughter--Applicant arrived in Canada as landed immigrant in 1998--In 2000, learned he had daughter, born in 1989-- Applied in 2002 to sponsor her--Visa officer concluded daughter not member of family class, inadmissible pursuant to Immigration and Refugee Protection Regulations, s. 117(9)(d) because not examined at time of applicant's application for permanent residence--Applicant appealed because had no knowledge of daughter's existence at time of permanent residence application-- That appeal dismissed on basis IAD lacking jurisdiction, visa officer having rightly concluded daughter not member of family class--IAD should have taken jurisdiction--Immigration and Refugee Protection Act, s. 63(1) not requiring foreign national be member of family class for sponsor to appeal, as long as sponsorship application filed --Application allowed--Immigration and Refugee Protection Regulations, SOR/2002-227, s. 117(9)(d) (as am. by SOR/2004-167)--Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 63(1).