Espillat-Rodriguez v R,

• Judge: Cartwright J,Cartwright J.,Abbott J.
• Date: 01 October 1963
• Court: Supreme Court (Canada)

Canada, Supreme Court.

Espaillat-Rodriguez

and

The Queen.

Aliens — Expulsion of — Right of expulsion — Former diplomat applying to become permanent resident without having obtained immigrant visa or medical certificate — The law of Canada.

The Facts.—This was an appeal from an order of the Court of Appeal for Ontario, dismissing an appeal from an order of the High Court of Ontario, whereby the application of the appellant for an order to quash a deportation order made against him by a Special Inquiry Officer of the Department of Citizenship and Immigration was dismissed. The appellant, a citizen of the Dominican Republic, entered Canada in 1961 carrying a diplomatic passport issued by the Dominican Republic which was based on his having been made Commercial Attaché for that Republic in Iran. He held a Canadian diplomatic visa. In 1962, his appointment was cancelled and he was given an ordinary passport by the Dominican Embassy in Ottawa. He then decided to apply to become a resident of Canada and signed an application form to that effect under Section 7 (3) of the Immigration Act, which provides:

‘Where any person who entered Canada as a non-immigrant ceases to be a non-immigrant or to be in the particular class in which he was admitted as a non-immigrant and, in either case, remains in Canada, he shall forthwith report such facts to the nearest immigration officer and present himself for examination at such place and time as he may be directed and shall, for the purposes of the examination and all other purposes under this Act, be deemed to be a person seeking admission to Canada.’

The appellant was then duly examined by an immigration officer and a report was made by the said officer to a Special Inquiry Officer to the effect that it would be contrary to the Immigration Act to grant the appellant admission to Canada as a permanent resident as he was not in possession of an immigrant visa and his passport did not bear a medical certificate duly signed by a medical officer, as required by Section 29 (1) of the Immigration Regulations (Part I). A hearing then took place before a Special Inquiry Officer, at which the appellant was represented by counsel. Immediately following the inquiry, the Special Officer made an order of deportation against the appellant on the grounds stated above. Section 28 (1) of the Immigration Regulations provides:

‘Every immigrant who seeks to land in Canada shall be in possession of a valid and subsisting immigrant visa...