Date:
20070529
Docket: A-363-06
Citation: 2007 FCA 205
CORAM: DÉCARY J.A.
LINDEN J.A.
SEXTON J.A.
BETWEEN:
KIT
MEI ANN CHU
Appellant
and
THE
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Heard at Vancouver, British Columbia, on May 29,
2007.
Judgment delivered from the Bench at Vancouver, British Columbia, on May 29, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY
J.A.
Date:
20070529
Docket: A-363-06
Citation: 2007
FCA 205
CORAM: DÉCARY
J.A.
LINDEN J.A.
SEXTON
J.A.
BETWEEN:
KIT MEI ANN CHU
Appellant
and
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Vancouver, British Columbia, on May 29,
2007)
DÉCARY J.A.
[1]
Despite
Mr. Larson’s able argument, we have reached the view that there is nothing
useful we could add to the reasons for judgment of Madam Justice Heneghan (2006
FC 893).
[2]
The
appeal will be dismissed and the certified questions will be answered as
follows:
(i)
The
first certified question, “Does the five year period in section 28 of the Immigration
and Refugee Protection Act apply to periods prior to June 28, 2002” is
answered “Yes”.
(ii)
The
second certified question, “If so, does applying section 28 retroactively
breach section 7 of the Canadian Charter of Rights and Freedoms?” is
answered “No”.
"Robert
Décary"
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-363-06
STYLE OF CAUSE: KIT
MEI ANN CHU v. MCI.
PLACE OF
HEARING: Vancouver, British Columbia
DATE OF
HEARING: May
29, 2007
REASONS FOR
JUDGMENT BY: DÉCARY
J.A.
LINDEN J.A.
SEXTON
J.A.
DELIVERED
FROM THE BENCH BY: DÉCARY
J.A.
DATED: May 29, 2007
APPEARANCES:
Darryl W.
Larson FOR
THE APPELLANT
Banafsheh
Sokhansanj FOR THE
RESPONDENT
SOLICITORS
OF RECORD:
|
Embarkation
Law Group
Vancouver, B.C.
|
FOR THE
APPELLANT
|
|
John H. Sims,
Q.C.
Deputy
Attorney General of Canada
|
FOR THE RESPONDENT
|
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