Law v. Minister of Employment and Immigration, (1985) 2 F.T.R. 316 (TD)

• Judge: Teitelbaum, J.
• Court: Federal Court (Canada)
• Case Date: December 17, 1985
• Jurisdiction: Canada (Federal)
• Citations: (1985), 2 F.T.R. 316 (TD)

Law v. MEI (1985), 2 F.T.R. 316 (TD)

MLB headnote and full text

Law v. Minister of Employment and Immigration

(T-2659-85)

Indexed As: Law v. Minister of Employment and Immigration

Federal Court of Canada

Trial Division

Teitelbaum, J.

December 20, 1985.

Summary:

Law entered Canada in 1980 on a visitor's visa to attend school. Subsequently he stopped going to school and went to work. Over five years later he applied from within Canada for permanent residence in accordance with a Department of Employment and Immigration policy respecting long-term illegal immigrants. The policy provided, inter alia, that an illegal immigrant could apply for permanent residency where the person "lived in Canada continuously without status for a period of five years or more and ... has remained 'underground' for this entire period".

The Federal Court of Canada, Trial Division, held that Law met both criteria of the policy, namely, that he was in Canada without status for five years and lived "underground" for the entire period. The court therefore ordered that the Minister of Employment and Immigration process his application for permanent residence.

Aliens - Topic 227

Classification of aliens - Landed illegal immigrants - Long-term - Remaining underground - A Department of Employment and Immigration policy provided that an illegal immigrant could apply for permanent residency where the person "lived in Canada continuously without status for a period of five years or more and ... has remained 'underground' for this entire period" - The Federal Court of Canada, Trial Division, held that a student who entered Canada on a visitor's visa but who stopped going to school and went to work without the knowledge of the immigration authorities and who was not apprehended by authorities, was living "underground" within the meaning of the policy - See paragraphs 22 to 40.

Aliens - Topic 228

Classification of aliens - Landed illegal immigrants - Long-term - Without status - A Department of Employment and Immigration policy provided that an illegal immigrant could apply for permanent residency where, inter alia, the person had "lived in Canada continuously without status for a period of five years or more" - The Federal Court of Canada, Trial Division, held that a student, who entered Canada on a visitor's visa, lost his status for the purpose of the commencement of the five year period referred to in the policy when the student stopped attending school to take a job - See paragraphs 1 to 21.

Words and Phrases

Underground - The Federal Court of Canada, Trial Division, discussed the meaning of the word "underground" as it appeared in a Department of Employment and Immigration policy respecting long-term illegal immigrants (Policy OM1E6 Long-term Illegal Immigrants) - See paragraphs 22 to 40.

Statutes Noticed:

Immigration Act, S.C. 1976, c. 52, sect. 26 [para. 18].

Policy OM1E6 Long-term Illegal Immigrants (Department of Employment and Immigration).

Authors and Works Noticed:

Living Webster Encyclopedic Dictionary of the English Language [para. 23].

Shorter Oxford English Dictionary on Historical Principles (3rd Ed.), vol. 2 [para. 23].

Counsel:

C.L. Rotenberg, for the plaintiff (applicant);

M. Doering-Steffen, for the defendant (respondent).

Solicitors of Record:

Cecil L. Rotenberg, Q.C., Don Mills, Ontario, for the plaintiff (applicant);

Frank Iacobucci, Deputy Attorney General of Canada, Ottawa, Ontario, for the defendant (respondent).

This application was heard at Toronto, Ontario, on December 17, 1985, before Teitelbaum, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on December 20, 1985: