Canada ( Minister of Citizenship and Immigration ) v. Seneca
A-261-98
McDonald J.A.
28/9/99
3 pp.
Appeal from Trial Division decision ([1998] 3 F.C. 494) dismissing application for judicial review of decision of Immigration and Refugee Board dismissing motion to dismiss respondent's s. 70(1) appeal for lack of jurisdiction-Respondent male citizen of Philippines-Convicted of bigamy in September 1990-Conditional removal order issued against him in January 1994-Question certified by Trial Judge: where adjudicator found person granted landing by means of improperly obtained visa pursuant to s. 27(1)(e) of Act, and removal order issued against that person as result, is person entitled to appeal that order to Appeal Division by virtue of s. 70(1)?-Question answered affirmatively-Appeal dismissed-Immigration Act, R.S.C., 1985, c. I-2, ss. 27(1)(e), 70(1) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1995, c. 15, s. 13).