Date: 19990126
Docket: A-705-97
CORAM: THE CHIEF JUSTICE
LINDEN, J.A.
SEXTON, J.A.
BETWEEN:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Appellant
- and -
KUSHWINDER KAUR GILL
Respondent
Heard at Calgary, Alberta on Tuesday, on January 26, 1999.
Judgment delivered at Calgary, Alberta, on Tuesday, January 26, 1999.
REASONS FOR JUDGMENT BY: LINDEN, J.A.
Date: 19990126
Docket: A-705-97
CORAM: THE CHIEF JUSTICE
LINDEN, J.A.
SEXTON, J.A.
BETWEEN:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Appellant
- and -
KUSHWINDER KAUR GILL
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Calgary, Alberta
on Tuesday, January 26, 1999)
LINDEN, J.A.:
[1] While there was no express legislative authorization for a joint or co-sponsorship regime, there was a system akin to that under the former regime (see Inland Processing Policy Manual). Hence, the Trial Judge, on the basis of the law as it stood, did not err in affirming the decision of the Appeal Division and in following the spirit of the Sidhu decision. Because of the changes in the regulations adopted in April 1997, however, that situation may now be quite different.
[2] The question, in the form it was asked, is, in our view, both too general to be answered and may also be moot in the light of the new regulations.
[3] This appeal will be, therefore, dismissed with costs.
"Allen M. Linden"
J.A.
FEDERAL COURT OF APPEAL
Date: 19990126
Docket: A-705-97
BETWEEN:
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Appellant
- and -
KUSHWINDER KAUR GILL
Respondent
REASONS FOR JUDGMENT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: A-705-97
STYLE OF CAUSE: The Minister of Citizenship and Immigration
v. Kushwinder Kaur Gill
PLACE OF HEARING: Calgary, Alberta
DATE OF HEARING: Tuesday, January 26, 1999
REASONS FOR JUDGMENT OF LINDEN, J.A.
DATED: January 26, 1999
APPEARANCES:
Mr. Brad Hardstaff for the Appellant
Mr. C. R. Darwent for the Respondent
SOLICITORS OF RECORD:
George W. Thomson
Deputy Attorney General
for Canada
Ottawa, Ontario for the Appellant
Mr. Charles R. Darwent
Calgary, Alberta for the Respondent
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