Duong v. Canada (Minister of Citizenship and Immigration)

Duong v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2003-09-30
Neutral citation
2003 FC 1131
File numbers
IMM-6173-02
Decision Content
Date: 20030930
Docket: IMM-6173-02
Citation: 2003 FC 1131
Toronto, Ontario, September 30th, 2003
Present: The Honourable Madam Justice Layden-Stevenson
BETWEEN:
THUY THANH DUONG
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] Ms. Duong applies for judicial review of a ministerial delegate's decision dated November 29, 2002, denying a request for restoration of Ms. Duong's temporary resident status. Despite the articulate submissions of counsel for the applicant, I conclude that the decision of the officer that the applicant is "not eligible pursuant to Regulation 182 [of theImmigration Protection Regulations SOR/2002-227] for restoration of ... Temporary Resident status" is correct.
[2] Ms. Duong came to Canada pursuant to a Minister's permit issued under section 37 of the former Immigration Act. The permit was valid for six months and was for the stated purpose of enabling her to be in Canada to care for her two nephews following her sister's sudden death during childbirth. The permit expired on April 15, 2002.
[3] Relying on Regulation 182 , she applied for restoration of temporary resident status. That provision reads:
On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of subparagraphs 185 (b) (i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay and has not failed to comply with any other conditions imposed.
[4] Ms. Duong wants to remain in Canada because she is now married to a Canadian citizen. She has submitted a sponsored humanitarian and compassionate (H & C) application and wishes to stay, with her husband, pending the determination of that application. The difficulty is that she is not and was not a visitor, a worker or a student. She was a permit holder. Regulation 182 applies only to those who have been issued visitor, worker or student visas. Thus, the ministerial delegate was without jurisdiction to restore her temporary resident status because she was not, nor had she ever been, a temporary resident. I concur with the respondent's submission that permit extensions must be applied for prior to expiration of the permit. The recourse for those applicants who receive negative decisions is to seek leave to apply for judicial review of them.
[5] While I have sympathy for the applicant, my intervention is not warranted. I agree with counsel that this matter does not raise any question appropriate for certification.
ORDER
IT IS HEREBY ORDERED THAT the application for judicial review is dismissed. No question is certified.
"Carolyn Layden-Stevenson"
J.F.C.
FEDERAL COURT
Names of Counsel and Solicitors of Record
DOCKET: IMM-6173-02
STYLE OF CAUSE: THUY THANH DUONG
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
DATE OF HEARING: SEPTEMBER 30, 2003
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDER BY: LAYDEN-STEVENSON J.
DATED: SEPTEMBER 30, 2003
APPEARANCES BY: Mr. Cecil L. Rotenberg Q.C.
For the Applicant
Mr. Marcel Larouche
For the Respondent
SOLICITORS OF RECORD: Cecil L. Rotenberg Q.C.
Toronto, Ontario
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT
Date: 20030930
Docket: IMM-6173-02
BETWEEN:
THUY THANH DUONG
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER