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CITIZENSHIP AND IMMIGRATION

Immigration Practice

Li v. Canada (Minister of Citizenship and Immigration)

IMM-5879-98

Campbell J.

20/12/00

4 pp.

Application for judicial review of Post-Determination Claims Officer decision applicant out of time to obtain review of immigration status under PDRCC class--Application allowed--Application of Immigration Act, s. 2(4)(b) and Immigration Regulations, s. 11.4(2)(b)--Found as fact as applicant received notice on September 23, 1998 and filed application to obtain review on October 8, 1998, applicant filed within time limit set out in Regulation, s. 11.4(2)(b) (15 days after notification)--Officer's decision set aside--Standard Form Notice not in conformity with statutory provisions; efforts should be made to correct defects--Immigration Act, R.S.C., 1985, c. I-2, s. 2(4)(b) (as am. by S.C. 1992, c. 49, s. 1)--Immigration Regulations, 1978, SOR/78-172, s. 11.4(2)(b) (as enacted by SOR/93-44, s. 10; 97-182, s. 5).

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