Canada (Minister of Citizenship and Immigration) v. Edwards
Court headnote
Canada (Minister of Citizenship and Immigration) v. Edwards Court (s) Database Federal Court of Appeal Decisions Date 2001-03-13 Neutral citation 2001 FCA 37 File numbers A-783-99 Notes Digest Decision Content Date: 20010313 Docket: A-783-99 Neutral citation: 2001 FCA 37 CORAM: ROTHSTEIN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Appellant - and - LINVAL KEITH EDWARDS (Falsely called LASCELLES NOEL POWNALL) Respondent Heard at Toronto, Ontario, Monday, March 12, 2001 Judgment delivered from the Bench at Toronto, Ontario, on Monday, March 12, 2001 REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A. Date: 20010313 Docket: A-783-99 (IMM-6715-98) Neutral citation: 2001 FCA 37 CORAM: ROTHSTEIN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Appellant - and - LINVAL KEITH EDWARDS (falsely called LASCELLES NOEL POWNALL) Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Monday, March 12, 2001) ROTHSTEIN J.A. Having regard to paragraph 27(1)(e) of the Immigration Act and Jaber v. Canada (M.C.I.), [2000]1 F.C. 603 (F.C.A.) and Canada (M.C.I.) v. Seneca, [1999] 247 N.R. 397 (F.C.A.), we are satisfied that the learned Motion's Judge did not err in dismissing the Minister's judicial review application from the decision of the Immigration Appeal Division in this matter. We would answer the certified question as follows: "A person who obtained a visa and was granted landed…
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Canada (Minister of Citizenship and Immigration) v. Edwards Court (s) Database Federal Court of Appeal Decisions Date 2001-03-13 Neutral citation 2001 FCA 37 File numbers A-783-99 Notes Digest Decision Content Date: 20010313 Docket: A-783-99 Neutral citation: 2001 FCA 37 CORAM: ROTHSTEIN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Appellant - and - LINVAL KEITH EDWARDS (Falsely called LASCELLES NOEL POWNALL) Respondent Heard at Toronto, Ontario, Monday, March 12, 2001 Judgment delivered from the Bench at Toronto, Ontario, on Monday, March 12, 2001 REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A. Date: 20010313 Docket: A-783-99 (IMM-6715-98) Neutral citation: 2001 FCA 37 CORAM: ROTHSTEIN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Appellant - and - LINVAL KEITH EDWARDS (falsely called LASCELLES NOEL POWNALL) Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Monday, March 12, 2001) ROTHSTEIN J.A. Having regard to paragraph 27(1)(e) of the Immigration Act and Jaber v. Canada (M.C.I.), [2000]1 F.C. 603 (F.C.A.) and Canada (M.C.I.) v. Seneca, [1999] 247 N.R. 397 (F.C.A.), we are satisfied that the learned Motion's Judge did not err in dismissing the Minister's judicial review application from the decision of the Immigration Appeal Division in this matter. We would answer the certified question as follows: "A person who obtained a visa and was granted landed status by fraudulent or improper means or misrepresenting his or her identity is in possession of "Lawful permission to establish permanent residence in Canada" and thus is a "Permanent resident" within the meaning of ss. 70(1) of the Immigration Act." We will dismiss the appeal. "Marshall Rothstein" J.A. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-783-99 STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Appellant - and - LINVAL KEITH EDWARDS (falsely called LASCELLES NOEL POWNALL) Respondent DATE OF HEARING: MONDAY, MARCH 12, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A. Delivered from the Bench at Toronto, Ontario on Monday, March 12, 2001 APPEARANCES BY: Mr. Stephen H. Gold For the Appellant Mr. Osborne G. Barnwell For the Respondent SOLICITORS OF RECORD: Morris Rosenberg Deputy Attorney General of Canada For the Appellant Ferguson, Barnwell Barristers & Solicitors 515 Consumers Road, Suite 310 North York, Ontario M2J 4Z2 For the Respondent FEDERAL COURT OF APPEAL Date: 20010313 Docket: A-783-99 BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Appellant - and - LINVAL KEITH EDWARDS (falsely called LASCELLES NOEL POWNALL) Respondent REASONS FOR JUDGMENT OF THE COURT
Source: decisions.fca-caf.gc.ca