Singh v. Canada (Minister of Citizenship and Immigration), 2005 FCA 417 (2005)

Federal Court of Appeal

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Singh v. Canada (Minister of Citizenship and Immigration), 2005 FCA 417 (2005)

Date: 20051209

Docket: A-210-05

Citation: 2005 FCA 417

CORAM: LINDEN J.A.

NOËL J.A.

SEXTON J.A.

BETWEEN:

SUKHDEV SINGH

Appellant

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

Heard at Toronto, Ontario , on November 29, 2005.

Judgment delivered at Ottawa, Ontario , on December 9, 2005.

REASONS FOR JUDGMENT BY: SEXTON J.A.

CONCURRED IN BY: LINDEN J.A.

NOËL J.A.

Date: 20051209

Docket: A-210-05

Citation: 2005 FCA 417

CORAM: LINDEN J.A.

NOËL J.A.

SEXTON J.A.

BETWEEN:

SUKHDEV SINGH

Appellant

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR JUDGMENT

SEXTON J.A.

[1] This is an appeal from a Federal Court dismissal of a judicial review application that had been brought by the appellant, Sukhdev Singh ("Singh"). The appellant was a permanent resident of Canada. After being convicted of robbery, he was found inadmissible on the grounds of serious criminality and ordered deported. He appealed his deportation and was granted a stay of removal that contained, among others, the condition "keep the peace and be of good behaviour." Subsequently, the appellant committed another serious offence, this time assault with a weapon, and was convicted of that crime.

[2] Between the time of the assault and the conviction, on June 28, 2002, the Immigration Act , R.S.C. 1985, c. I-2 (the " Immigration Act "), which had governed the appellant to that point, was replaced by the Immigration and Refugee Protection Act , S.C. 2001, c. 27 (the " IRPA "). A provision of the IRPA addressesindividuals such as the appellant, who are found inadmissible on the grounds of serious criminality, have obtained a s...

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