Kaur v. Minister of Employment and Immigration, (1984) 58 N.R. 221 (FCA)

• Judge: Pratte, Hugessen and MacGuigan, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: September 06, 1984
• Jurisdiction: Canada (Federal)
• Citations: (1984), 58 N.R. 221 (FCA)

Kaur v. MEI (1984), 58 N.R. 221 (FCA)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Kaur v. Minister of Employment and Immigration

(No. A-295-84)

Indexed As: Kaur v. Minister of Employment and Immigration

Federal Court of Appeal

Pratte, Hugessen and MacGuigan, JJ.

September 6, 1984.

Summary:

An alien applied to be admitted into Canada as an immigrant. The inquiry was adjourned when the alien claimed convention refugee status. The alien left the country, then returned and reapplied for admission. The adjourned inquiry was resumed, admission was denied and an exclusion order was made. The alien applied under s. 28 of the Federal Court Act to review and set aside the decision, submitting that the adjudicator lost jurisdiction over the inquiry when the alien left the country.

The Federal Court of Appeal dismissed the application.

Aliens - Topic 1235

Admission - Immigrants - Application for admission - Adjudicator - Jurisdiction - The Federal Court of Appeal stated that "once a person seeking admission to Canada has been made the subject of an inquiry to determine his admissibility, the mere fact that he, after the start of the inquiry, either leaves the country or manifests his intention no longer to seek admission does not deprive the adjudicator of his jurisdiction to continue the inquiry" - See paragraph 4.

Cases Noticed:

Morris v. Minister of Manpower and Immigration, [1974] 2 F.C. 616; 6 N.R. 198, appld. [para. 4].

Statutes Noticed:

Immigration Act, S.C. 1976-77, c. 52, sect. 20(1) [para. 2].

Counsel:

G.W. Postelnik, for the appellant;

S. Marcoux-Paquette, for the respondent.

This appeal was heard on September 6, 1984, at Montreal, Quebec, before Pratte, Hugessen and MacGuigan, JJ., of the Federal Court of Appeal.

On September 6, 1984, Pratte, J., delivered the following judgment orally for the Federal Court of Appeal.