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76-A-317
Panayote Chalikiopoulos and Dependent Family (Applicant)
v.
Minister of Manpower and Immigration (Respondent)
Court of Appeal, Urie and Le Dain JJ. and MacKay D.J.—Toronto, November 4, 1976.
Application for leave to appeal from Immigration Appeal Board—Whether Board erred in law in deciding wife not appellant—No separate documents filed on her behalf—Evi- dence and submissions that might have been heard on her behalf considered—No contention that wife not dependent— Appeal dismissed.
APPLICATION for leave to appeal. COUNSEL:
Walter C. Deakon for applicant. K. F. Braid for respondent.
SOLICITORS:
Walter C. Deakon, Toronto, for applicant.
Deputy Attorney General of Ca.nada for respondent.
The following are the reasons for judgment of the Court delivered orally in English by
LE DAIN J.: The sole issue of law on this application for leave to appeal is whether the Immigration Appeal Board erred in law in decid ing that the wife was not an appellant. This deci sion appears to have been based on the fact that a separate notice of appeal, accompanied by a sworn declaration claiming refugee status, was not filed on her behalf. In our opinion, the Board did not err in law in coming to this conclusion. It is clear, however, that all the evidence and submissions that might have been made on behalf of the wife had she been a separate appellant were made with respect to the deportation order in which she had been included as a dependent. What might have been her claim to refugee status or relief on com passionate or humanitarian grounds was fully
asserted in the consideration of the position of her husband and the members of his family. There was no contention that the wife was not dependent. The application for leave to appeal will according ly be dismissed.
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