Date: 20000222
Docket: IMM-4464-98
BETWEEN:
YUK YING WONG
Applicant
- and -
THE MINISTER OF CITIZENSHIP & IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL, J.:
[1] The decision under review in the present application is that of a visa officer who, pursuant to s. 19 (2) (a.1) (1) of the Immigration Act (the Act)1 did not grant the Applicant admission to Canada because in June 1983 in Hong Kong, he was convicted of the offence of possession of an offensive weapon, and in the opinion of the visa officer, had not rehabilitated himself. It is important to note that at the time of his conviction the Applicant was 17 years of age.
[2] Upon the oral hearing of the present application, counsel for the Applicant and Respondent agreed that the visa officer made an error in law respecting the application of s. 19 (2) (a.1) (1) of the Act because, since the Applicant was 17 at the time of his conviction, he could not, under normal circumstances, be found it to be guilty of an "offence" in Canada "punishable by indictment". This is so because he would have been dealt with in Canada as a "young person" under the Young Offencers Act, 1980-81-82-83, c. 110.
[3] Accordingly, it is agreed that the decision of the visa officer should be set aside, and I so order. I further order that this matter be referred back for redetermination before another visa officer in accordance with this order.
"Douglas R. Campbell"
JUDGE
CALGARY, Alberta
February 22, 2000
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20000222
Docket: IMM-4464-98
BETWEEN:
YUK YING WONG
Applicant
- and -
THE MINISTER OF CITIZENSHIP
& IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-4464-98
STYLE OF CAUSE: YUK YING WONG v. THE
MINISTER OF CITIZENSHIP & iMMIGRATION
PLACE OF HEARING: CALGARY, ALBERTA
DATE OF HEARING: February 22, 2000
REASONS FOR ORDER AND ORDER OF CAMPBELL, J.
DATED: February 22, 2000
APPEARANCES:
Mr. Tony Clark for the Applicant
Ms. Lorraine Neill for the Respondent
SOLICITORS OF RECORD:
SHERRITT GREENE
Calgary, Alberta for the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
Ottawa, Ontario for the Respondent
__________________ 1 19 (2) (a.1) No immigrant and except as provided in subsection 3, no visitor shall be granted admission if the immigrant or visitor is a member of the following classes:
(a.1) persons who there are reasonable grounds to believe;
(1) have been convicted outside Canada of an offence ie an act that, if committed in Canada, would constitute an offence that may be punishable by way of indictment under any act of parliament by a maximum term of imprisonment of less than 10 years,...
except persons who have satisfied the Minister that they have rehabilitated themselves and that at least five years have elapsed since the expiration of any sentence imposed for the offence or since commission of the act or omission as the case may be