Date: 19990302
CORAM: STRAYER J.A.
LINDEN J.A.
ROBERTSON J.A.
Docket: A-435-96
BETWEEN: MOHAN SINGH DHILLON
Appellant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Docket: A-493-96
BETWEEN:
HARDIP SINGH
Appellant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Docket: A-791-96
BETWEEN:
FRANCIS PONNUTHURAI XAVIER
MAUREEN NALINE XAVIER
JUDE NIXSON XAVIER
JENSEN XAVIER
Appellants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario
on Monday, March 1, 1999)
STRAYER J.A.:
[1] In each of these cases the motions judge applied the rationale of the Trial Division in Nadarajah v. Minister of Citizenship and Immigration1. We understand this to mean that their findings of fact as to the document in question were similar to the findings in Nadarajah.
| [2] We have confirmed the decision in Nadarajah and similarly dismiss these appeals. |
[3] In each case the motions judge certified a question identified to that certified in Nadarajah. For the same reasons as in that case we would answer the question in the terms of the answer given by the Court in Mancia.
"B.L. Strayer"
J.F.C.A.
FEDERAL OURT OF CANADA
Names of Counsel and Solicitors of Record
| DOCKET: A-435-96 |
| STYLE OF CAUSE: MOHAN SINGH DHILLON |
Appellant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| DOCKET: A-493-96 |
| STYLE OF CAUSE: HARDIP SINGH |
Appellant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| DOCKET: A-791-96 |
| STYLE OF CAUSE: FRANCIS PONNUTHURAI XAVIER |
| MAUREEN NALINE XAVIER |
| JUDE NIXSON XAVIER |
| JENSEN XAVIER |
Appellants
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
DATE OF HEARING: MONDAY, MARCH 1, 1999
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
| OF THE COURT BY: STRAYER J.A. |
Delivered at Toronto, Ontario
on Monday, March 1, 1999
APPEARANCES: Mr. David Tyndale
| For the Appellant |
| Ms. Toni Schweitzer |
For the Respondent
| SOLICITORS OF RECORD: Morris Rosenberg |
| Deputy Attorney General of Canada |
| For the Appellant |
Jackman, Waldman and Associates
| Barristers & Solicitors |
| 281 Eglinton Avenue East |
| Toronto, Ontario |
| M4P 1L3 |
For the Respondent
FEDERAL COURT OF APPEAL
Date: 19990302
DOCKET: A-435-96
BETWEEN:
MOHAN SINGH DHILLON
| Appellant |
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
| Respondent |
DOCKET: A-493-96
BETWEEN:
HARDIP SINGH
| Appellant |
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
| Respondent |
DOCKET: A-791-96
BETWEEN:
FRANCIS PONNUTHURAI XAVIER
MAUREEN NALINE XAVIER
JUDE NIXSON XAVIER
JENSEN XAVIER
| Appellants |
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
| Respondent |
REASONS FOR JUDGMENT
OF THE COURT
__________________