Hall v. Canada ( Minister of Citizenship and Immigration )
IMM-5064-94
MacKay J.
27/2/96
11 pp.
Judicial review of decision to issue exclusion order-Applicant born in England-Immigrating to Canada with mother, grandmother in 1949 at three months of age-Mother allegedly coming to Canada to marry Canadian citizen-Parents married in 1950-Applicant adopted by father in 1953-Raised in B.C.-In 1969 convicted of trafficking in narcotic (cannabis)-While serving sentence parents separated, mother returned to England-Applicant electing to return to England in exchange for early release from prison-In 1987 returning to Canada-In 1989 exclusion order issued on ground not obtaining visa before appearing at port of entry-Applicant returning to United Kingdom in 1989-Returning to Canada as visitor in 1991-Authorized to remain until March 24, 1992-On March 11 direction for inquiry made to determine if applicant person convicted abroad for offence which, if committed in Canada, constituting offence punishable by imprisonment for up to ten years-On March 23, 1992 applicant appearing before inquiry presided over by W. Osborne-Inquiry adjourned-Applicant not applying for extension of visitor's status-When inquiry resumed, adjudicator withdrawing allegations relating to conviction abroad; continuing inquiry to clarify applicant's status in relation to right to remain in Canada, and on basis of new report overstayed visitor's term-When inquiry resumed in May 1993 new adjudicator presided-Believing applicant consenting to continuation, no substantive evidence earlier heard in relation to overstaying term, Adjudicator continuing inquiry-Holding applicant neither Canadian citizen nor permanent resident, and as remaining after ceased to be visitor overstaying visitor's term-Departure order issued-Application dismissed-(1) Adjudicator not erring by continuing proceedings initiated before another adjudicator-S. 29(6) setting out three circumstances in which appropriate for new adjudicator to resume inquiry previously adjourned-Criteria separate, alternatives to one another-(2) Although visitor's status still valid when inquiry commenced, allegations considered in inquiry could be changed, altered or substituted during course of inquiry-Adequate notice provided in regard to ground leading to issuance of exclusion order-(3) Immigration Act applicable at time of entry, i.e. R.S.C. 1927, c. 93, s. 2(b) including in definition of "Canadian citizen" British subject who has Canadian domicile-Current Immigration Act defining "permanent resident" as person granted landing; "landing" defined as lawful permission to establish permanent residence in Canada-Adjudicator holding no evidence applicant ever granted landing-For applicant's mother, applicant, notation on arrival in 1949 "admitted non immigrant" -Immigration service entry not consistent with grant of landing-Adjudicator not erring in concluding applicant neither Canadian citizen nor permanent resident-Immigration Act, R.S.C., 1985, c. I-2, ss. 2(1) "landing" (as am. by S.C. 1992, c. 49, s. 1), "permanent resident" (as am. idem), 29(6) (as am. idem, s. 18)-Immigration Act, R.S.C., 1927, c. 93, s. 2.