Carrasco Varela v. Canada (Citizenship and Immigration), 2009 FCA 145 (2009)

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Carrasco Varela v. Canada (Citizenship and Immigration), 2009 FCA 145 (2009)

Date: 20090506

Docket: A-210-08

Citation: 2009 FCA 145

CORAM: NOËL J.A.

NADON J.A.

PELLETIER J.A.

BETWEEN:

JAIME CARRASCO VARELA

Appellant and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

Heard at Toronto, Ontario , on January 28, 2009.

Judgment delivered at Ottawa, Ontario , on May 6, 2009.

REASONS FOR JUDGMENT BY: PELLETIER J.A.

CONCURRED IN BY: NOËL J.A.

NADON J.A.

Date: 20090506

Docket: A-210-08

Citation: 2009 FCA 145

CORAM: NOËL J.A.

NADON J.A.

PELLETIER J.A.

BETWEEN:

JAIME CARRASCO VARELA

Appellant and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR JUDGMENT

PELLETIER J.A.

INTRODUCTION

[1] This is an appeal from the decision of Mr. Justice Harrington (the application judge), reported as 2008 FC 436, [2008] F.C.J. No. 568, in which he dismissed an application for judicial review of the decision of the Immigration and Refugee Board (IRB) that the appellant, Mr. Jaime Carrasco Varela, was inadmissible to Canada pursuant to paragraph 35(1)( a ) of the Immigration and Refugee Protection Act , S.C. 2001, c. 27. Although a number of grounds of appeal were raised, the dominant issue on appeal was the appropriateness of the questions certified by the application judge, and the consequences o...

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