Chen v. Canada (Minister of Employment and Immigration)
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Chen v. Canada (Minister of Employment and Immigration) Collection Supreme Court Judgments Date 1995-02-23 Report [1995] 1 SCR 725 Case number 23984 Judges La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Major, John C. On appeal from Federal Court of Appeal Subjects Immigration Notes SCC Case Information: 23984 Decision Content Chen v. Canada (Minister of Employment and Immigration), [1995] 1 S.C.R. 725 Chang‑Jie Chen Appellant v. The Minister of Employment and Immigration and the Secretary of State for External Affairs Respondents Indexed as: Chen v. Canada (Minister of Employment and Immigration) File No.: 23984. 1995: February 3; 1995: February 23. Present: La Forest, L'Heureux‑Dubé, Sopinka, Gonthier, Cory, McLachlin and Major JJ. on appeal from the federal court of appeal Immigration ‑‑ Permanent residence applications ‑‑ Visa officer's discretion ‑‑ Interpretation of s. 11(3) of Immigration Regulations, 1978, SOR/78‑172. Held: The appeal should be allowed. Statutes and Regulations Cited Immigration Regulations, 1978, SOR/78‑172, s. 11(3) [rep. & sub. SOR/81‑461, Sch., s. 1]. APPEAL from a judgment of the Federal Court of Appeal, [1994] 1 F.C. 639, 164 N.R. 257, 109 D.L.R. (4th) 560, 22 Imm. L.R. (2d) 213, setting aside a judgment of the Trial Division, [1991] 3 F.C. 350, 45 F.T.R. 96, 13 Imm. L.R. (2d) 172. Appeal allowed. Cecil L. Rotenberg, Q.C., Andrew Z. Wlodyka, Mary Lam and Christ…
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Chen v. Canada (Minister of Employment and Immigration) Collection Supreme Court Judgments Date 1995-02-23 Report [1995] 1 SCR 725 Case number 23984 Judges La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Major, John C. On appeal from Federal Court of Appeal Subjects Immigration Notes SCC Case Information: 23984 Decision Content Chen v. Canada (Minister of Employment and Immigration), [1995] 1 S.C.R. 725 Chang‑Jie Chen Appellant v. The Minister of Employment and Immigration and the Secretary of State for External Affairs Respondents Indexed as: Chen v. Canada (Minister of Employment and Immigration) File No.: 23984. 1995: February 3; 1995: February 23. Present: La Forest, L'Heureux‑Dubé, Sopinka, Gonthier, Cory, McLachlin and Major JJ. on appeal from the federal court of appeal Immigration ‑‑ Permanent residence applications ‑‑ Visa officer's discretion ‑‑ Interpretation of s. 11(3) of Immigration Regulations, 1978, SOR/78‑172. Held: The appeal should be allowed. Statutes and Regulations Cited Immigration Regulations, 1978, SOR/78‑172, s. 11(3) [rep. & sub. SOR/81‑461, Sch., s. 1]. APPEAL from a judgment of the Federal Court of Appeal, [1994] 1 F.C. 639, 164 N.R. 257, 109 D.L.R. (4th) 560, 22 Imm. L.R. (2d) 213, setting aside a judgment of the Trial Division, [1991] 3 F.C. 350, 45 F.T.R. 96, 13 Imm. L.R. (2d) 172. Appeal allowed. Cecil L. Rotenberg, Q.C., Andrew Z. Wlodyka, Mary Lam and Christina F. Kurata, for the appellant. Urszula Kaczmarczyk and Donald A. MacIntosh, for the respondents. The following is the judgment delivered by 1 The Court -- We share the view of Strayer J. (then of the Federal Court (Trial Division)), [1991] 3 F.C. 350, and Robertson J.A., dissenting in the Federal Court of Appeal, [1994] 1 F.C. 639, regarding the interpretation of s. 11(3) of the Immigration Regulations, 1978, SOR/78-172, and would for that reason allow the appeal, set aside the decision of the Court of Appeal, except its order awarding costs, and restore the order made by Strayer J. The appellant is entitled to his costs in this Court. Appeal allowed with costs. Solicitors for the appellant: Cecil L. Rotenberg and Mary Lam, Don Mills; Constance Nakatsu, Toronto. Solicitor for the respondents: George Thomson, Toronto.
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