Rosenberry c. Canada (Citizenship and Immigration), 2010 FC 882 (2010)

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Rosenberry c. Canada (Citizenship and Immigration), 2010 FC 882 (2010)

Federal Court - Rosenberry v. Canada (Citizenship and Immigration)

Source: http://decisions.fct-cf.gc.ca/en/2010/2010fc882/2010fc882.html

Federal Court

Cour fédérale

Date: 20100908

Docket: IMM-4042-09

Citation: 2010 FC 882

Ottawa , Ontario, September 8, 2010

PRESENT: The Honourable Mr. Justice O'Keefe

BETWEEN:

GORDON DOUGLAS ROSENBERRY

and MURIEL HARDWICK ROSENBERRY

Applicants and

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

REASONS FOR JUDGMENT AND JUDGMENT

O’KEEFE J.

[1] This is an application for judicial review of the decision of the Minister’s delegate dated July 31, 2009, wherein the Minister’s delegate issued a removal order against each of the applicants pursuant to Section 44 of the Immigration and Refugee Protection Act , S.C. 2001, c. 27 (the Act) due to the applicants’ violations of subsections 41(a) and 29(2) of the Act.

[2] The applicants also raise the question of whether the procedure laid out in section 44 of the Act violates the constitutional principle of the separation of powers.

[3] The applicants seek an order setting aside the decision.

Background

[4] The applicants are citizens of the United States whose daughter, Janice Howie, is a permanent resident of Canada living in Edmonton, Alberta . In January of 2008, Ms. Howie sponsored the applicants’ immigration to Canada as members of the f...

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