Jaber v. Canada ( Minister of Citizenship and Immigration )
IMM-4908-96
Teitelbaum J.
15/12/97
11 pp.
Judicial review of Immigration and Refugee Board (Appeal Division)'s decision refusing to hear appeal on ground not having jurisdiction-Applicant's father applying for permanent residence as principal resident for himself, family-Declaring children not married-Visas issued-Respondent submitting applicant, while still in Syria, married-Applicant denying marriage-Upon entering Canada, applicant signing declaration indicating not married-Subsequently applying to sponsor immigration of wife-Adjudicator concluding applicant granted landing by reason of misrepresentation of material fact-Deportation order issued -Application dismissed-Applicant should seek judicial review of Adjudicator's decision, not appeal to Appeal Division and then seek judicial review of finding not having jurisdiction-Appeal Division not having jurisdiction to hear appeal-Question certified: Where adjudicator finding person granted landing by means of misrepresentation of marital status and person appeals removal order pursuant to Immigration Act, s. 70(1), may Appeal Division dismiss appeal for want of jurisdiction based on adjudication record and parties' arguments concerning its jurisdiction without hearing merits on appeal?-Three other questions certified already certified in Canada (Minister of Citizenship and Immigration) v. Yu, [1997] F.C.J. No. 782 (QL) (F.C.T.D.), soon to be heard by Federal Court of Appeal.