Sai Yau Fan v. Minister of Manpower and Immigration, (1974) 4 N.R. 417 (FCA)

• Judge: Jackett, C.J., MacKay, D.J.
• Court: Federal Court of Appeal (Canada)
• Case Date: June 27, 1974
• Jurisdiction: Canada (Federal)
• Citations: (1974), 4 N.R. 417 (FCA)

Sai Yau Fan v. MMI (1974), 4 N.R. 417 (FCA)

MLB headnote and full text

Sai Yau Fan v. Minister of Manpower and Immigration

Indexed As: Sai Yau Fan v. Minister of Manpower and Immigration

Federal Court of Appeal

Jackett, C.J., MacKay, D.J.

and Sweet, D.J.

June 27, 1974.

Summary:

This case arose out of an application by an alien for permanent residence in Canada. At the time of the application the alien was a student who was admitted into Canada as a non-immigrant student for one year. The student applied to the Toronto, Ontario Immigration Office for permanent residence. The student's application was reported to a Special Inquiry Officer pursuant to s. 7(3) of the Immigration Act. The Special Inquiry Officer made a deportation order respecting the student.

On appeal to the Federal Court of Appeal, pursuant to s. 28 of the Federal Court Act, the appeal was allowed and the deportation order was set aside. The Federal Court of Appeal stated that s. 7(3) of the Immigration Act had no application to the student because the student at the time of his application for permanent residence was not a person seeking admission to Canada for purposes of s. 7(3).

Aliens - Topic 1604

Exclusion and expulsion - Immigration - Deportation of a person seeking entry into Canada - Immigration Act, s. 7(3) - An alien was admitted into Canada as a non-immigrant student for one year - During the year, the student applied to stay in Canada permanently - The student's application was reported to a Special Inquiry Officer pursuant to s. 7(3) and the Special Inquiry Officer made a deportation order respecting the student - The Federal Court of Appeal set aside the deportation order because s. 7(3) had no application to the student because the student was not a person seeking admission to Canada for purposes of s. 7(3).

Cases Noticed:

Koo Shew Wan v. Minister of Manpower and Immigration, [1973] F.C. 578, folld. [para. 6].

Podlaszecka v. Minister of Manpower and Immigration, [1972] S.C.R. 733, dist. [footnote 2].

Statutes Noticed:

Immigration Act, R.S.C. 1970, c. I-2, sect. 7(3) [para. 4].

Counsel:

B.A. Thomas, for the applicant;

A.C. Pennington and R.G. Vincent, for the respondent.

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

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