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Naredo v. Canada ( Minister of Employment and Immigration )

A-637-90

Strayer J.A.

6/6/95

3 pp.

Appeal from Trial Division decision ((1990), 37 F.T.R. 161 (F.C.T.D.)) as to promissory estoppel, interpretation and validity of Immigration Act, s. 37(6), alleged Charter protection against deportation of parents of Canadian-born children -- Motions Judge justified in concluding no lasting prejudice to appellants demonstrated as latter not attempting later to reopen or recommence judicial review proceedings -- Proper interpretation of s. 37(6) requiring power given to Minister be exercised in accordance with fairness -- Fairness only involving opportunity for appellants to make representations to Minister before deportation order issued-Opportunity exercised herein -- Fact of having Canadian children not conferring Charter right on parents to remain in Canada-Appeal dismissed -- Immigration Act, R.S.C., 1985, c. I-2, s. 37(6)-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44].

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