Singh v. Canada ( Minister of Citizenship and Immigration )
IMM-4347-94
Heald D.J.
27/6/95
8 pp.
Judicial review of Appeal Division decision upholding deportation order issued against applicant -- Applicant, born in Guyana and sponsored as member of family class, declaring never married and having no children -- Applicant later fathering son born in Guyana -- Applicant granted landed immigrant status -- Applicant returning to Guyana for visit, marrying son's mother and sponsoring wife and son for entrance to Canada -- Applicant contributing $100 per month towards support of wife and son -- Adjudicator determining applicant granted landing by misrepresentation of material fact, i.e. non-disclosure of son's birth -- Deportation ordered -- At outset of appeal hearing, applicant confirming legal validity of deportation not challenged and appeal based solely on equitable jurisdiction of Board -- Appeal Division dismissing appeal -- Applicant submitting Immigration Regulations, 1978, ss. 6(1)(a), 9(1)(a) and 10(1)(a) ultra vires of Immigration Act; Act not empowering Governor in Council to pass regulations barring admission to Canada of immigrants on ground non-accompanying dependant of immigrant abroad member of inadmissible class -- Applicant submitting such approach precluding reunion in Canada of Canadian citizens with close relatives from abroad and contrary to Act's family reunion objective -- Ultra vires argument not raised before Appeal Division -- Record indicating Appeal Division considering all issues and fully supporting decision with evidence -- Vires argument speaking of legality of deportation order, however legality conceded at commencement of Appeal Division proceedings -- Where legality not issue before Appeal Division, cannot be raised in judicial review -- Toussaint v. Canada (Labour Relations Board) (1993), 160 N.R. 396 (F.C.A.) principle to effect Court cannot decide question not raised before administrative tribunal applying equally to vires of regulations passed pursuant to enabling statute -- Toussaint principle also applying to Act, s. 18.1(3) remedies in respect of federal boards, commissions or other tribunals with respect to their decisions, orders, acts or proceedings -- Court neither entitled to pronounce itself on question which administrative authority not facing, nor entitled to order authority to answer question not of its concern (Poirier v. Canada (Minister of Veterans Affairs), [1989] 3 F.C. 233 (C.A.)) -- Application dismissed -- Immigration Regulations, 1978, SOR/78-172, ss. 6(1)(a), 9(1)(a), 10(1)(a) -- Immigration Act, R.S.C., 1985, c. I-2, s. 18.1(3) (as enacted by S.C. 1990, c. 8, s. 5).