Narain v. Minister of Manpower and Immigration, (1974) 4 N.R. 425 (FCA)

• Judge: Pratte, J., Hyde, D.J.
• Court: Federal Court of Appeal (Canada)
• Case Date: June 28, 1974
• Jurisdiction: Canada (Federal)
• Citations: (1974), 4 N.R. 425 (FCA)

Narain v. MMI (1974), 4 N.R. 425 (FCA)

MLB headnote and full text

Narain, Son of Muniappa v. Minister of Manpower and Immigration

Indexed As: Narain v. Minister of Manpower and Immigration

Federal Court of Appeal

Pratte, J., Hyde, D.J.

and Choquette, D.J.

June 28, 1974.

Summary:

This case arose out of application by an alien for permanent residence in Canada. The alien applied to the Calgary, Alberta Immigration Office and was refused. At the time of the refusal, the alien was requested to voluntarily leave the country. Subsequently, the alien applied for permanent residence at the Vancouver, British Columbia Immigration Office and stated falsely that he had never been refused admission to Canada. The alien was reported to a Special Inquiry Officer. The Special Inquiry Officer made a deportation order with respect to the alien on the grounds that he did not meet the requirements of s. 43(3)(f) of the regulations and that he did not answer truthfully questions asked by an immigration officer.

On appeal to the Immigration Appeal Board, the appeal was dismissed and the deportation order was affirmed.

On appeal to the Federal Court of Appeal, the appeal was dismissed and the decision of the Immigration Appeal Board was affirmed. The Federal Court of Appeal affirmed the deportation order on the ground that the alien failed to truthfully answer questions asked by an immigration officer. The Federal Court of Appeal stated that it was not necessary that the untrue answer be given with an intention to mislead. In addition, the Federal Court of Appeal stated that it was not necessary that the false answer conceal a ground of deportation - see paragraph 11.

Aliens - Topic 1605

Exclusion and expulsion - Immigration - Deportation of a person seeking entry into Canada - Grounds - Failure to truthfully answer questions asked by an immigration officer - Immigration Act, s. 20(2) - An alien applied for permanent residence in Canada at the Calgary, Alberta Immigration Office and was refused - The alien was requested to voluntarily leave the country - Subsequently the alien applied for permanent residence at the Vancouver, British Columbia Immigration Office and stated falsely that he had never been refused admission to Canada - The Federal Court of Appeal affirmed a deportation order respecting the alien on the grounds of failure to truthfully answer questions asked by an immigration officer.

Cases Noticed:

Leiba v. Minister of Manpower and Immigration, [1972] S.C.R. 660, folld. [para. 10].

Statutes Noticed:

Immigration Act, R.S.C. 1952, c. 325, sect. 20 [para. 8].

Counsel:

Y.A.G. Hynna, for the appellant;

E.R. Sojonky, for the respondent.

This appeal was heard by the Federal Court of Appeal at Ottawa, Ontario, on June 27 and 28, 1974. Judgment was delivered by the Federal Court of Appeal on June 28, 1974.

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