Certified Questions After Kanthasamy

1st Apr 2016 Comments Off on Certified Questions After Kanthasamy

…In this case, as in Agraira, the certified question asks a question that requires an interpretation of a provision of the Act. This Court has consistently taken the view that where a certified question asks a question of statutory interpretation, this Court must provide the definitive interpretation without deferring to the administrative decision-maker. Then, this Court must assess whether there…

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Certified Question on the Standard of Review for Visa Officers Interpreting The Law (Updated March 25, 2013)

6th Mar 2013 Comments Off on Certified Question on the Standard of Review for Visa Officers Interpreting The Law (Updated March 25, 2013)

…nature of the question of law is the interpretation of the phrase “people smuggling”. This question of statutory interpretation of the Board’s home statute raises neither a constitutional question, nor a question of law of general importance to the legal system as a whole. Neither does it involve a question regarding jurisdictional lines between competing specialized tribunals nor a true…

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Certified Questions and the Federal Court of Appeal

13th Jul 2018 Comments Off on Certified Questions and the Federal Court of Appeal

…Court of Canada is not limited to the question that the judge certified. In Kanthasamy v. Canada (Citizenship and Immigration), the Supreme Court stated that (citations removed): Once an appeal has been brought to this Court by way of certified question, this Court must deal with the certified question and all other issues that might affect the validity of the…

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Certified Question on Misrepresentation

12th Oct 2011 Comments Off on Certified Question on Misrepresentation

…of granting permanent residence he/she had no knowledge of the material fact that constituted such misrepresentation? The Federal Court of Appeal’s answer to this certified question will likely clarify many aspects of s. 40 misrepresentation. The facts giving rise to the question can briefly be summarized as follows: Mr. Osisanwo submitted a birth certificate stating that he was the child…

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Certified Question on Section 7 Charter Rights

13th Feb 2012 Comments Off on Certified Question on Section 7 Charter Rights

Does the Immigration and Refugee Board (“IRB”) violate the provisions of section 7 of the Canadian Charter of Rights and Freedoms (the “Charter”) if it declines to postpone a hearing based on risk to life where there is a pending humanitarian and compassionate application also based on risk to life? The above question was certified by the Federal Court in…

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Certified Question on Affect of Convictions on a Stay of Removal

15th Apr 2013 Comments Off on Certified Question on Affect of Convictions on a Stay of Removal

The Federal Court in Carran v. Canada (Public Safety and Emergency Preparedness) has certified the following question of general importance: During a stay of removal order, does subsection 68(4) of the IRPA only apply to convictions for subsection 36(1) offences committed after the beginning of the stay? The case involved a permanent resident who had several criminal convictions. On May…

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Certified Question on Removal Orders for Permanent Resident Visa Holders at the Port of Entry

23rd Mar 2015 Comments Off on Certified Question on Removal Orders for Permanent Resident Visa Holders at the Port of Entry

On March 17, 2015, Justice Montigny in Ismail v. Canada (Citizenship and Immigration), 2015 FC 338 (“Ismail“), certified the following question: For the purposes of determining its jurisdiction to hear an appeal pursuant to subsection 63(2) of the IRPA, shall the validity of the permanent resident visa be assessed by the IAD at the time of arrival in Canada or…

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Awaiting Kanthasamy – And the Possible ReWriting of H&C Considerations

11th Aug 2015 Comments Off on Awaiting Kanthasamy – And the Possible ReWriting of H&C Considerations

…As the Federal Court of Appeal noted: This Court has consistently taken the view that where a certified question asks a question of statutory interpretation, this Court must provide the definitive interpretation without deferring to the administrative decision-maker. Then, this Court must assess whether there are grounds to set aside the outcome reached by the administrative decision-maker on the facts…

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“Country of Origin” in the Refugee Context

16th Jun 2015 Comments Off on “Country of Origin” in the Refugee Context

…apply should not serve as an invitation to try your luck in Canada. There would be good grounds for a certified question if the issue was not obiter. As this discussion is obiter, as I have found that the finding that the Applicant had Indian citizenship was reasonable, I will not certify a question. Finally, in Tretsetsang v. Canada, Justice…

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Court Certifies Question on Judicial Review of 117(9)(d) Refusals – [Updated August 6]

6th Aug 2014 Comments Off on Court Certifies Question on Judicial Review of 117(9)(d) Refusals – [Updated August 6]

The Federal Court (the “Court“) in Habtenkiel v. Canada (Citizenship and Immigration), has certified a question that if answered in the affirmative would seem to pretty much shut the door on humanitarian & compassionate (“H&C“) appeals of s. 117(9)(d) refusals. The certified question is: In light of sections 72(2)(a), 63(1) and 65 of the Immigration and Refugee Protection Act, S.C….

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