Canada ( Minister of Citizenship and Immigration ) v. Jimenez
IMM-415-95
Teitelbaum J.
23/10/95
12 pp.
Application to set aside Immigration and Refugee Board, Appeal Division's (Appeal Division) decision respondent's appeal should be allowed as refusals to allow applications for landing made by respondent's daughter and son not in accordance with law-Respondent, citizen of Philippines, granted landing in November 1992-In December 1992, signed undertakings in support of daughter and son and agreed to act as guarantor-When children filed applications in April 1993, daughter 24 years old and son 22-Had made applications for permanent residence in August 1990, for which no record of refusal-Prior to March 1992, no age restriction for children, thereafter, dependent children admissible if "under 19 years old"-Appeal Division concluded applications should have been assessed under Regulations in force in 1990-Application dismissed-Effective date for consideration of children's applications August 1990-Children's 1990 applications remained valid and should have been processed upon receipt of sponsorship undertaking filed by respondent in late 1992-Although 1990 applications could not have been granted at time of filing, important fact: not refused-Appeal Division's decision based on fact and sufficient evidence to conclude as did.