Date: 19990105
Docket: IMM-479-98
Between :
GREGORY VINCENT STUART and
JANA REINBERGEROVA STUART
Applicants
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
PINARD, J. :
[1] This is an application pursuant to section 82.1 of the Immigration Act, R.S.C. 1985, c. I-2, (the Act) for judicial review of the decision of Ron Baker, an immigration officer at the Canada Immigration Centre (CIC), dated March 4, 1996 refusing to process the applicant Jana Stuart's application for permanent residence from within Canada on the basis that she had contracted marriage solely to gain resident status in Canada.
[2] The application for judicial review is allowed on the basis of the following letter, dated November 8, 1994, sent by Citizenship and Immigration Canada to the applicant Jana Stuart, which clearly is a decision granting an exemption to apply for landing from within Canada:
Date: November 8, 1994
| This letter will acknowledge receipt of your application for permanent residence in Canada and we are pleased to advise you that your application has received approval-in-principle. The decision to process your application from within Canada does not exempt you from meeting other statutory requirements. |
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| A final decision in your case will be rendered once all the statutory requirements have been met along with those of your dependants, where applicable. 12 to 18 months may elapse before you and your dependants will receive your permanent residence status. As soon as the processing of your application is complete, we will be pleased to contact you and grant you permanent residence status. |
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| Attached, you will find the documentation pertaining to your request for a visitor authorization. The validity of the authorization and the terms and conditions by which it was issued are clearly indicated on it. Please read them carefully. It is your responsibility to remain in valid status while your application is being processed. Remaining in Canada without valid status is prohibited by the Canadian Immigration Act. |
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| Attached, you will also find the documentation to undergo a medical examination for immigration purposes. You must contact a designated doctor (see attached list) who will send the completed documentation to: |
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| CITIZENSHIP AND IMMIGRATION CANADA |
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| Health Services - International Service Sector (OHP) |
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| Meanwhile, please notify this office of any change in your address, and include your client I.D. number with all correspondence. |
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| Case Processing Centre - Vegreville |
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[3] This case can be distinguished from the decision made by Madam Justice Reed, in Cumar v. Canada (M.C.I.) (1996), 106 F.T.R. 76, where she was of the view that "[T]here had been no consideration of whether a s. 114(2) exemption should be given at that time". Given the particular circumstances of this particular case, it was unfair to the applicant, Jana Stuart, to refuse to process her application from within Canada some 16 months later. After the November 8, 1994 decision to process her application from within Canada, the applicant Jana Stuart could legitimately expect a decision on her application for permanent residence status.
[4] For all the above reasons, the application for judicial review is granted and the decision of immigration officer Ron Baker, dated March 4, 1996, refusing to process the applicant Jana Stuart's application for permanent residence from within Canada is quashed.
[5] I agree with counsel for the parties that this matter does not raise any question of general importance for the purpose of certification.
JUDGE
OTTAWA, ONTARIO
January 5, 1999
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