Patel v. Canada ( Minister of Citizenship and Immigration )
IMM-2678-98
McKeown J.
21/4/99
5 pp.
Application for judicial review of immigration officer's decision applicant's two brothers not "dependent sons" of applicant's father-Issues whether immigration officer erred in determining private institutes not "other educational institutions" within Immigration Regulations, 1978, s. 2(1), whether Regulations, s. 2(7) properly applied, and whether denial of procedural fairness-Application allowed-Immigration officer erred in interpreting "other educational institution" as requiring institution be under control, management or supervision of any government authority-Since judge's task to interpret statute, not to create it, as general rule, interpretation should not add to terms of law: The Interpretation of Legislation in Canada, 2nd ed., Cowansville, Que.: Yvon Blais Inc., 1991, Pierre-André Côté, as quoted in Patel v. Canada (Minister of Citizenship and Immigration), [1999] 1 F.C. D-29 (T.D.)-Immigration officer erred in finding brothers interrupted studies (by attending private institutes) in manner contemplated by Regulations, s. 2(7)-Question certified: whether educational institution not under control, management or supervision of any government authority qualifies as university, college or other educational institution within meaning of dependent son or daughter in Immigration Regulations, s. 2(1)-Immigration Regulations, 1978, SOR/78-172, s. 2(1) "dependent son", (7).