Narain v. Minister of Manpower and Immigration, (1974) 6 N.R. 612 (FCA)

• Judge: Thurlow and Urie, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: November 29, 1974
• Jurisdiction: Canada (Federal)
• Citations: (1974), 6 N.R. 612 (FCA)

Narain v. MMI (1974), 6 N.R. 612 (FCA)

MLB headnote and full text

Narain v. Minister of Manpower and Immigration

Indexed As: Narain v. Minister of Manpower and Immigration

Federal Court of Appeal

Thurlow and Urie, JJ.

and MacKay, D.J.

December 24, 1974.

Summary:

This case arose out of a visitor to Canada taking temporary employment. The visitor was admitted as a visitor or tourist pursuant to s. 7 of the Immigration Act. The alien was given permission to enter as a visitor or tourist for a period of three months. During the three month period the alien took temporary employment in a plastics factory. The alien was arrested pursuant to the Immigration Act and a special inquiry officer made a deportation order against the alien because he ceased to be a tourist or a visitor to Canada.

On appeal to the Federal Court of Appeal the appeal was allowed and the deportation order was set aside. The Federal Court of Appeal held that the taking of temporary employment by the alien was not necessarily inconsistent with the continuation of the alien's status as a tourist or visitor to Canada.

MacKay, D.J., dissenting, in the Federal Court of Appeal, would have dismissed the appeal and would have affirmed the deportation order against the alien. MacKay, D.J., stated that when the alien became employed he ceased to be a visitor or tourist to Canada.

Aliens - Topic 1790

Exclusion and expulsion - Deportation of tourists and visitors - An alien entered Canada as a visitor for a three month period - During the three month period the alien took temporary employment - Whether the alien ceased to be a tourist and visitor - The alien was deported for taking temporary employment - Immigration Act, s. 7(1)(c) - The Federal Court of Appeal set aside the deportation order against the alien - The Federal Court of Appeal held that the taking of temporary employment was not necessarily inconsistent with the continuation of the alien's status as a tourist or visitor to Canada.

Cases Noticed:

Mihm v. M.M.I., [1970] S.C.R. 348, dist. [paras. 10, 31]; folld. [para. 19].

Statutes Noticed:

Immigration Act, R.S.C. 1970, c. I-2, sect. 7(1)(c) [para. 14].

Counsel:

Terrence Hunter, for the applicant;

E.A. Bowie, for the respondent.

This appeal was heard by the Federal Court of Appeal at Toronto, Ontario on November 29, 1974. Judgment was delivered by the Federal Court of Appeal on December 24, 1974 and the following opinions were filed:

Thurlow, J. - see paragraphs 1 to 11.

MacKay, D.J., dissenting - see paragraphs 12 to 20.

Urie, J. - see paragraphs 21 to 33.