Canada ( Minister of Citizenship and Immigration ) v. Nemsila
IMM-2008-95
Jerome A.C.J.
27/9/96
4 pp.
Application to certify question pursuant to Immigration Act, s. 83(1)-Respondent immigrated to Canada in 1950, residing here since then, although not becoming Canadian citizen-In 1995, two s. 27 reports contended respondent gained access to Canada by making material misrepresentations-After inquiry, Adjudicator found respondent landed in Canada, acquired Canadian domicile in accordance with 1952 Immigration Act not subject to deportation order-In August 1996, Federal Court, Trial Division found Adjudicator erred in law, decision set aside-Question proposed for certification by respondent as to whether may be removed from Canada-Matter raising serious questions of general importance-Following questions certified for consideration by Federal Court of Appeal: (1) Whether person "lawfully admitted" to Canada pursuant to provisions of 1950 Immigration Act where person member of prohibited class at time entered Canada or granted entry as result of fraud or misrepresentation; (2) If person not "lawfully admitted" to Canada, could person acquire "domicile" within meaning of 1952 Immigration Act?; (3) Whether 1952 Immigration Act, s. 19(1)(e)(iv) and (viii) operating so as to protect from removal person who was member of prohibited class at time of admission to Canada or came into Canada or remaining therein with false or improperly issued document pertaining to admission or by reason of any false or misleading information or other fraudulent or improper means, whether exercised or given by himself or other person, where person not "lawfully admitted" to Canada, and person had resided in Canada for over five years, from date of entry into Canada prior to April 10, 1973-Immigration Act, R.S.C. 1952, c. 145-Immigration Act, R.S.C. 1952, c. 325, s. 19(1)(e)(iv), (viii)-Immigration Act, R.S.C., 1985, c. I-2, ss. 27, 83(1) (as am. by S.C. 1992, c. 49, s. 73).