Canada (Ministre de la Citoyenneté et de l'Immigration) v. dela Fuente, 2006 CAF 186 (2006)

Date: 20060518

Docket: A-446-05

Citation: 2006 FCA 186

CORAM: NOËL J.A.

SHARLOW J.A.

MALONE J.A.

BETWEEN:

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Appellant

and

CLEOTILDE DELA FUENTE

Respondent

Heard at Winnipeg, Manitoba , on April 24, 2006.

Judgment delivered at Ottawa , Ontario , on May 18, 2006.

REASONS FOR JUDGMENT BY: NOËL J.A.

CONCURRED IN BY: SHARLOW J.A.

MALONE J.A.

Date: 20060518

Docket: A-446-05

Citation: 2006 FCA 186

CORAM: NOËL J.A.

SHARLOW J.A.

MALONE J.A.

BETWEEN:

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Appellant

and

CLEOTILDE DELA FUENTE

Respondent

REASONS FOR JUDGMENT

NOËL J.A.

[1] This is an appeal from a decision of Harrington J. of the Federal Court (the "applications judge") setting aside a decision of the Immigration Appeal Division ("IAD") of the Immigration and Refugee Board ("IRB") which denied the Respondent’s application to sponsor her spouse because she had failed to disclose her marital relationship when she landed in Canada back in 1992. (The decision under appeal is reported at 2005 FC 992.)

[2] In allowing the Respondent’s application for judicial review, the applications judge certified the following two questions:

(a) Can the doctrine of legitimate expectations be relied upon to void the application of section 190 of the Immigration and Refugee Protection Act , S.C. 2001, c. 27 ["IRPA" or "Act"]?

(b) Does the phrase "at the time of that application" in paragraph 117(9)(d) of the Immigration and Refugee Protection Regulations , SOR/2002-227 ["Regulations"], contemplate the time at which the applicatio...

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