Canada ( Minister of Citizenship and Immigration ) v. Chico
IMM-3545-97
MacKay J.
7/7/98
10 pp.
Judicial review of Immigration Appeal Division (IAD)'s decision quashing deportation order-On application for permanent residence, respondent, citizen of Philippines, indicating marital status "unmarried", had no children-By signing application agreeing to advise Canadian immigration authorities if marital status changed or if had children prior to departure for Canada, indicating understanding any false statement or concealment of material fact might result in exclusion or removal from Canada-Subsequent marriage, birth of child not reported to Canadian immigration authorities either before visa issuing or on arrival in Canada-On landing respondent signing record of landing certifying had no dependants, marital status "single"-Two years later respondent providing undertaking of assistance on behalf of husband, child-Thereafter Immigration Act, s. 27(1)(e) report indicating respondent obtained landing by fraudulent, improper means in so far as failed to advise immigration authorities had family, thus depriving officers of opportunity to determine whether grant of permanent resident status consistent with Act, regulations-Deportation order issued-IAD allowing appeal, quashing order-Whether IAD erred in law in assuming jurisdiction to hear, decide respondent's appeal of deportation order-Key issue whether finding immigrant person described in s. 27(1)(e) voiding visa approving entry for permanent residence, thus precluding immigrant from exercising appeal rights to Appeal Division-Application dismissed-Canada (Minister of Citizenship and Immigration) v. Seneca, [1998] 3 F.C. 494 (T.D.) applied-Applicant cannot accept validity of s. 27 determination for purposes of approving removal order while challenging validity in context of proceedings before IAD to appeal removal order-If visa void ab initio, by definition outstanding removal order not issued in accord with law, issuing under s. 27(1), rather than s. 27(2) relating to persons other than permanent residents-Within IAD's jurisdiction to hear appeal-Question certified: where adjudicator finding person granted landing by means of improperly obtained visa pursuant to s. 27(1)(e) and removal order issued against that person, is person entitled to appeal that order to IAD by virtue of s. 70(1)?-Immigration Act, R.S.C., 1985, c. I-2, ss. 27(1) (as am. by R.S.C., 1985 (3rd Supp.), c. 30, s. 4; S.C. 1992, c. 47, s. 78; c. 49, s. 16; 1995, c. 15, s. 5), (2) (as am. by S.C. 1992, c. 47, s. 78; c. 49, s. 16), 70(1) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1995, c. 15, s. 13).