Wang v. Canada (Minister of Citizenship and Immigration), 2006 FCA 345

Date: 20061024

Docket: A-420-05

Citation: 2006 FCA 345

 

CORAM:       NOËL J.A.

                        EVANS J.A.

                        MALONE J.A.

 

BETWEEN:

XIAO QIONG WANG

Appellant

and

 

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

 

 

 

 

Heard at Vancouver, British Columbia, on October 24, 2006.

Judgment delivered from the Bench at Vancouver, British Columbia, on October 24, 2006.

 

REASONS FOR JUDGMENT OF THE COURT BY:            EVANS J.A.

 

Date: 20061024

Docket: A-420-05

Citation: 2006 FCA 345

 

CORAM:       NOËL J.A.

                        EVANS J.A.

                        MALONE J.A.

 

BETWEEN:

XIAO QIONG WANG

Appellant

and

 

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

 

 

 

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Vancouver, British Columbia, on October 24, 2006)

 

EVANS J.A.

[1]               Counsel for the appellant agreed that Ms Wang had stated in her application for permanent residence in Canada that she was married. The Immigration Division of the Immigration and Refugee Board found that this was false, a finding that counsel does not challenge in this Court.

 

[2]               Counsel further agreed that Ms Wang’s statement on the form, which she signed, constituted a direct misrepresentation for the purpose of paragraph 40(1)(a) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27. Accordingly, it is unnecessary to answer the question certified by the Applications Judge which was based on the assumption that any misrepresentation made by Ms Wang was indirect.

 

[3]               For these reasons, the appeal will be dismissed.

 

 

“John M. Evans”

 

 

FEDERAL COURT OF APPEAL

 

NAMES OF COUNSEL AND SOLICITORS OF RECORD

 

 

DOCKET:                                                                              A-420-05

 

STYLE OF CAUSE:                                                              Xiao Qiong Wang v. The Minister of
                                    Citizenship and Immigration

 

PLACE OF HEARING:                                                        Vancouver, British Columbia

 

DATE OF HEARING:                                                          October 24, 2006

 

REASONS FOR JUDGMENT OF THE COURT: Noël, J.A.

                                                                                                Evans, J.A.

                                                                                                Malone, J.A.

 

DELIVERY FROM THE BENCH BY:                               Evans, J.A.

 

REASONS FOR JUDGMENT:                                           Evans, J.A.

 

APPEARANCES:

 

Phil Rankin                                                                               FOR THE APPELLANT

 

Sandra Weafer                                                                         FOR THE RESPONDENT

 

SOLICITORS OF RECORD:

 

Rankin & Bond Vancouver, British Columbia	FOR THE APPELLANT
John H. Sims, Q.C. Deputy Attorney General of Canada	FOR THE RESPONDENT