Canada ( Minister of Employment and Immigration ) v. Wong
A-907-91
MacGuigan J.A.
17/5/93
2 pp.
Canadian citizen making sponsorship application for father, sister (as father's single dependant daughter) -- After interviews but before issuance of immigration visas, father dying -- Unaware of death, Canadian immigration authorities issuing visas to both sponsorees -- Sponsoree daughter initially lying to Canadian immigration officer at port of entry, but ultimately producing father's death certificate -- Exclusion order issued -- Immigration and Refugee Board, Appeal Division holding within its jurisdiction to hear appeal under Immigration Act, s. 70(2)(b) since possessing valid immigrant visa at time of landing -- Exercising compassionate or humanitarian discretion in her favour -- Appeal allowed -- Board lacking jurisdiction -- Where principal reason for issuance of visa ceasing to exist before issuance, visa not "valid immigrant visa" -- Immigration Act, R.S.C., 1985, c. I-2, s. 70(2)(b) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18).