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Kiani v. Canada ( Minister of Citizenship and Immigration )

A-372-95

Linden J.A.

22/10/98

2 pp.

Appeal from Motions Judge's decision ((1995), 31 Imm. L.R. (2d) 269) dismissing application for judicial review of Adjudicator's conditional order applicant be deported from Canada under Immigration Act, s. 32.1(4)-Facts before Adjudicator herein more extensive than facts before Motions Judge in Legault v. Canada (Secretary of State) (1995), 90 F.T.R. 145 (F.C.T.D.), under appeal Court file A-47-95 (1997), 219 N.R. 376 (F.C.A.)-Gibson J. correct to distinguish Motions Judge's reasons in Legault-Rightly held Adjudicator had reasonable grounds to believe applicant came within Immigration Act, s. 19(1)(c.1)(ii)-Conditional deportation order properly made by Adjudicator-Answer to question certified negative-Appeal dismissed-Immigration Act, R.S.C., 1985, c. I-2, ss. 19(1)(c.1) (as am. by S.C. 1992, c. 49, s. 11), 32.1(4) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 12).

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