Date: 20010604
Docket: A-394-00
CORAM: DÉCARY, J.A.
EVANS, J.A.
SHARLOW, J.A.
BETWEEN:
VAN ANH NGUYEN
Appellant
- and -
THE MINISTER OF CITIZENSHIP & IMMIGRATION
Respondent
Heard at Calgary, Alberta on Monday, June 4, 2001.
Judgment delivered at Calgary, Alberta on Monday, June 4, 2001.
REASONS FOR JUDGMENT BY: DÉCARY, J.A.
Date: 20010604
Docket: A-394-00
Neutral Citation: 2001 FCA 187
CORAM: DÉCARY, J.A.
EVANS, J.A.
SHARLOW, J.A.
BETWEEN:
VAN ANH NGUYEN
Appellant
- and -
THE MINISTER OF CITIZENSHIP & IMMIGRATION
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Calgary, Alberta
on Monday, June 4, 2001)
DÉCARY, J.A.
We agree with Mr. Justice Gibson that the following certified question should be answered in the negative:
Where a person who is under a removal order leaves Canada voluntarily but without the consent of the Minister of Citizenship and Immigration, and is lawfully admitted to another country, is the removal order deemed to have been executed?
The appeal will be dismissed. There will be no order as to costs.
"Robert Décary"
J.A.
Calgary, Alberta
June 4, 2001
FEDERAL COURT OF APPEAL
Date: 20010604
Docket: A-394-00
BETWEEN:
VAN ANH NGUYEN
Appellant
- and -
THE MINISTER OF CITIZENSHIP
& IMMIGRATION
Respondent
REASONS FOR ORDER
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-394-00
STYLE OF CAUSE: VAN ANH NGUYEN v. THE
MINISTER OF CITIZENSHIP
& IMMIGRATION
PLACE OF HEARING: CALGARY, Alberta
DATE OF HEARING: June 4, 2001
REASONS FOR ORDER BY DÉCARY, J.A.
DATED: June 4, 2001
APPEARANCES:
Ms. Roxanne Haniff-Darwent FOR THE APPELLANT
Mr. Brad Hardstaff FOR THE RESPONDENT
SOLICITORS OF RECORD:
Darwent Law Office
Calgary, Alberta FOR THE APPELLANT
Morris A. Rosenberg
Deputy Attorney General of Canada FOR THE RESPONDENT
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