Parediz v. Canada ( Minister of Employment and Immigration )
92-T-2087
Simpson J.
1/6/94
5 pp.
Visitors -- Application for judicial review of adjudicator's decision applicants not genuine visitors to Canada and ordered excluded from Canada -- Issues concerning meaning of definition of visitor in Immigration Act, s. 2 and adjudicator's failure to entertain submissions from counsel in course of delivering decision -- "Visitor" person lawfully in Canada, or seeking to come into Canada, for temporary purpose -- Applicants' purpose temporary in sense once father's refugee claim determined, applicants would cease to be visitors -- Chan v. Minister of Manpower and Immigration, [1978] 1 F.C. 217 (C.A.) and Gill v. Minister of Employment and Immigration, [1981] 1 F.C. 615 (C.A.) authorities for proposition temporary purpose can only be established if period of visit not indefinite in duration; but no specific departure date required to demonstrate definite duration -- Adjudicator correctly applied law when concluded applicants not visitors -- Adjudicator has discretion not only over initial submissions but also over any supplementary submissions counsel may seek to make -- Adjudicator's approach to counsel's submission reasonable in all circumstances and did not contravene Immigration Regulations, s. 34(2) -- Application dismissed -- Immigration Act, R.S.C., 1985, c. I-2, ss. 2, 82.1 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 19; S.C. 1990, c. 8, s. 53; 1992, c. 49, s. 73) -- Immigration Regulations, 1978, SOR/78-172, s. 34(2).