Tsang v. Canada ( Minister of Citizenship and Immigration )
IMM-2585-95
Dubé J.
7/2/96
9 pp.
Application for judicial review of Minister's decision to issue opinion pursuant to Act, s. 77(3.01)(b) to effect applicant Peter Tsang constituting danger to public in Canada-Application also attacking Minister's decision to file opinion with Immigration and Refugee Board, Appeal Division then considering immigration sponsorship appeal of applicant Lannie Tsang, Canadian citizen, for sponsorship to Canada of husband Peter Tsang-In 1978, wife married husband, non-immigrant who resided in Canada from 1977 to November 1991-During stay, Peter Tsang acquired criminal record and deported to Hong Kong in November 1991 where still residing-Main issue whether Minister erred in law in issuing opinion against Peter Tsang at time he did and in circumstances of Lannie Tsang's appeal-Does Minister's opinion extinguish sponsor's right of appeal?-New Act, s. 77(3.01) and transitional provision considered-Application dismissed-Minister did not err in law in issuing opinion at time he did-Moreover, cannot be said applicant was denied right of appeal as has never been universally available right of appeal from deportation order-Transitional provision not infringing upon applicant's rights-Transitional provision clearly applicable as applying to appeals made on or before coming into force of provision and in respect of which hearing not commenced, as herein-Serious question of general importance certified: When appeal made by sponsor to Immigration Appeal Division (IAD) prior to July 10, 1995 with respect to sponsoree inadmissible pursuant to Act, s. 19(1)(c), (c.1), (c.2) or (d), and hearing before IAD commenced after July 10, 1995, does effect of Minister issuing opinion extinguish sponsor's right of appeal pursuant to Act, s. 77(3.01) and Bill, s. 15(3), and thereby terminate jurisdiction of IAD with respect to appeal?-Immigration Act, R.S.C., 1985, c. I-2, ss. 19(1) (as am. by R.S.C., 1985 (3rd Supp.), c. 30, s. 3; S.C. 1992, c. 47, s. 77; c. 49, s. 11; 1995, c. 15, s. 20), 77(3.01) (as enacted idem, s. 15).