CITIZENSHIP AND IMMIGRATION
Status in Canada
Persons with Temporary Status
Judicial review of Immigration and Refugee Board’s decision applicant inadmissible under Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 41—Student visa expressly prohibiting employment unless otherwise authorized—Applicant observed performing work for car dealership, but not paid—Employer banking hours, presumably for purpose of paying agreed upon hourly wage if authorization obtained—Whether activity constituted “work” as defined in Immigration and Refugee Protection Regulations, SOR/2002-227, s. 2—Application dismissed—Such contingent arrangement to pay wage for work performed meeting legal definition of “work” in Regulations, s. 2—Conduct also caught by second part of definition, i.e. performance of activity in direct competition with activities of Canadians, permanent residents in Canadian labour market.
Juneja v. Canada (Minister of Citizenship and Immigration) (IMM-4703-06, 2007 FC 301, Barnes J., judgment dated 20/3/07, 7 pp.)