Lew v. Minister of Manpower and Immigration, (1974) 6 N.R. 343 (FCA)

• Judge: Thurlow and Urie, JJ. and MacKay, D.J.
• Court: Federal Court of Appeal (Canada)
• Case Date: November 28, 1974
• Jurisdiction: Canada (Federal)
• Citations: (1974), 6 N.R. 343 (FCA)

Lew v. MMI (1974), 6 N.R. 343 (FCA)

MLB headnote and full text

Lew v. Minister of Manpower and Immigration

Indexed As: Lew v. Minister of Manpower and Immigration

Federal Court of Appeal

Thurlow and Urie, JJ. and MacKay, D.J.

November 28, 1974.

Summary:

This headnote contains no summary.

Aliens - Topic 1786

Exclusion and expulsion - Deportation of aliens in Canada - Grounds - Criminal offence - An alien was charged with a criminal offence and received an absolute discharge in lieu of conviction - The Immigration Appeal Board affirmed a deportation order against the alien on the grounds that the alien was a person "convicted of an offence under the Criminal Code" - The Federal Court of Appeal set aside the deportation order because an absolute discharge does not result in a conviction.

Statutes Noticed:

Immigration Act, R.S.C. 1970, c. I-2, sect. 18(1)(e)(ii).

Immigration Appeal Board Act, R.S.C. 1970, c. I-3, sect. 13 [para. 5].

Counsel:

V.T. Rosemay, for the applicant;

H. Erlichman, for the respondent.

This appeal was heard by the Federal Court of Appeal at Toronto, Ontario on November 25 and 28, 1974. Judgment was delivered by the Federal Court of Appeal on November 28, 1974.

The judgment of the Federal Court of Appeal was delivered by THURLOW, J.