Date: 20010313
Docket: A-783-99
Neutral citation: 2001 FCA 37
CORAM: ROTHSTEIN J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Appellant
- and -
LINVAL KEITH EDWARDS
(Falsely called LASCELLES NOEL POWNALL)
Respondent
Heard at Toronto, Ontario, Monday, March 12, 2001
Judgment delivered from the Bench at Toronto, Ontario,
on Monday, March 12, 2001
REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A.
Date: 20010313
Docket: A-783-99
(IMM-6715-98)
Neutral citation: 2001 FCA 37
CORAM: ROTHSTEIN J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Appellant
- and -
LINVAL KEITH EDWARDS
(falsely called LASCELLES NOEL POWNALL)
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Monday, March 12, 2001)
ROTHSTEIN J.A.
Having regard to paragraph 27(1)(e) of the Immigration Act and Jaber v. Canada (M.C.I.), [2000]1 F.C. 603 (F.C.A.) and Canada (M.C.I.) v. Seneca, [1999] 247 N.R. 397 (F.C.A.), we are satisfied that the learned Motion's Judge did not err in dismissing the Minister's judicial review application from the decision of the Immigration Appeal Division in this matter. We would answer the certified question as follows:
"A person who obtained a visa and was granted landed status by fraudulent or improper means or misrepresenting his or her identity is in possession of "Lawful permission to establish permanent residence in Canada" and thus is a "Permanent resident" within the meaning of ss. 70(1) of the Immigration Act."
We will dismiss the appeal.
"Marshall Rothstein"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-783-99
STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Appellant
- and -
LINVAL KEITH EDWARDS
(falsely called LASCELLES NOEL
POWNALL)
Respondent
DATE OF HEARING: MONDAY, MARCH 12, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: ROTHSTEIN J.A.
Delivered from the Bench at Toronto, Ontario on Monday, March 12, 2001
APPEARANCES BY: Mr. Stephen H. Gold
For the Appellant
Mr. Osborne G. Barnwell
For the Respondent
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General of Canada
For the Appellant
Ferguson, Barnwell
Barristers & Solicitors
515 Consumers Road, Suite 310
North York, Ontario
M2J 4Z2
For the Respondent
FEDERAL COURT OF APPEAL
Date: 20010313
Docket: A-783-99
BETWEEN:
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Appellant
- and -
LINVAL KEITH EDWARDS
(falsely called LASCELLES NOEL
POWNALL)
Respondent
REASONS FOR JUDGMENT
OF THE COURT
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