A-406-95
(IMM-4087-94)
CORAM: STRAYER, J.A.
LINDEN, J.A.
ROBERTSON, J.A.
BETWEEN:
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Appellant
AND
RAJBIR SINGH HUNDAL
Respondent
HEARD AT CALGARY, Alberta on Wednesday, November 20, 1996
Judgment rendered at Calgary, Alberta, Wednesday, November 20, 1996
REASONS FOR JUDGMENT
OF THE COURT BY: STRAYER, J.A.
A-406-95
(IMM-4087-94)
CALGARY, Alberta, Wednesday, the 20th day of November, 1996.
CORAM: STRAYER, J.A.
LINDEN, J.A.
ROBERTSON, J.A.
BETWEEN:
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Appellant
AND
RAJBIR SINGH HUNDAL
Respondent
REASONS FOR JUDGMENT
(Delivered from the bench at Calgary on November 20, 1996)
STRAYER, J.A.:
We are all of the view that this appeal should be dismissed. We are in accord with the analysis by the learned motions judge of the jurisprudence and with his general principle that, subject to the exceptions he identifies, "once a visa has been issued, it remains valid". We also note that the appellant does not object to that analysis.
- 2 -
In replying to the certified question we would decline to say whether the decision of this court in the Minister of Employment and Immigration v. De Decaro [1993] 2 F.C 408 should be interpreted "broadly", as the question asks. An answer to that aspect of the question would be imprecise and might well deal with matters not involved in the case which is the subject of this appeal. We will therefore answer as follows:
| For the reasons given by the motions judge, upon the withdrawal of sponsorship by the applicant's wife the applicant's visa did not ipso facto become invalid so as to exclude the jurisdiction of the Appeal Division of the Immigration and Refugee Board to decide the applicant's appeal. |
The appeal will therefore be dismissed with costs.
"B. L. Strayer"
J.A.
A-406-95
(IMM-4087-94)
CORAM: STRAYER, J.A.
LINDEN, J.A.
ROBERTSON, J.A.
BETWEEN:
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Appellant
AND
RAJBIR SINGH HUNDAL
Respondent
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REASONS FOR JUDGMENT
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FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-406-95
(IMM-4087-94)
STYLE OF CAUSE: The Minister of Citizenship and
Immigration v. Rajbir Singh Hundal
PLACE OF HEARING: Calgary, Alberta
DATE OF HEARING: November 20, 1996
REASONS FOR JUDGMENT
OF THE COURT BY: STRAYER, J.A.
DATED: November 20, 1996
APPEARANCES:
Mr. B. Hardstaff for the Appellant
Mr. P. Wong for the Respondent
SOLICITORS OF RECORD:
George Thomson
Deputy Attorney General
for Canada
Ottawa, Ontario for the Appellant
Major Caron
Calgary, Alberta for the Respondent