Labasova v. Canada ( Secretary of State )
A-317-92
Marceau J.A.
6/7/94
7 pp.
Appeal from Appeal Division of Immigration and Refugee Board pursuant to Immigration Act, s. 83(1)-Appeal Division concluded adjudicator erred in thinking appellant had not lost permanent resident status despite seventeen-year absence, as never intended to abandon it-However, Appeal Division considered it could not dispose of appeal forthwith since it should make removal order which adjudicator should have made but no evidence had been submitted in this regard; Appeal Division therefore decided to refer matter back to adjudicator to obtain further evidence-Minister objected to application for leave to appeal, arguing action premature since Board had not yet made final decision-Although Minister's preliminary objection weighty, should not be regarded as decisive-Appeal Division's conclusion had characteristics of "decision" appealable under s. 83(1) of Act-However, appellant presented no argument against majority position taken by Board on basis of which Court could think of intervening-Act, s. 72 authorized reference to adjudicator-Appeal dismissed-Immigration Act, R.S.C., 1985, c. I-2, ss. 72 (am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18), 83(1) (as am. idem, s. 19).