IMM-2143-96
BETWEEN:
GURMAIL SINGH,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
SUPPLEMENTARY REASONS FOR ORDER
DUBÉ J:
At the end of the hearing in this matter, I granted both solicitors ten days after receipt of my reasons for order and order within which to file directly with the Federal Court their submissions with respect to the certification of a question pursuant to section 83 of the Immigration Act.
The respondent did not file any submissions but the applicant's counsel proposes, as follows, a serious question of general importance to be certified to the Federal Court of Appeal:
| Is the assessment of an application for landing limited to the specific legislative provision expressly stated when the application is submitted, or does an immigration officer breach the rules of fairness, when considering the application for landing, in failing to consider the applicability of other legislative provisions which are brought to the officer's attention prior to rendering a decision on the application? |
Without the benefit of any submissions from the respondent, I accept the above as being a serious question of general importance under section 83 of the Immigration Act.
O T T A W A
February 12, 1997
Judge
NAMES OF COUNSEL AND SOLICITORS OF RECORD
STYLE OF CAUSE: GURMAIL SINGH - and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
COURT NO.: IMM-2143-9G
PLACE OF HEARING: Vancouver, B.C.
DATE OF HEARING: January 23, 1997
SUPPLEMENTAL REASONS FOR ORDER OF Dubé J. dated February 12, 1997
APPEAIZANCES:
Mr. William J. Macintosh for Applicant
Ms. Sandra Weafer
for Respondent
SOLICITORS OF RECORD:
William Macintosh Associates for Applicant Vancouver, B.C.
George Thomson for Respondent Deputy Attorney General of Canada