Date: 19981106
Docket: A-1014-96
CORAM: THE CHIEF JUSTICE
STRAYER J.A.
LINDEN J.A
BETWEEN:
AHMAR SINGH
Appellant
(Plaintiff),
- and -
HER MAJESTY THE QUEEN
Respondent
(Defendant),
REASONS FOR JUDGMENT
(Delivered from the bench at Winnipeg,
Manitoba on November 5, 1998)
STRAYER J.A.
[1] Notwithstanding the thorough argument of Mr. Matas we are all of the view that this appeal must be dismissed.
[2] Assuming for present purposes, without deciding, that it is open to us to consider the issue of the validity of the regulations even though this issue was not raised in the proceedings before the Appeal Division of the Immigration and Refugee Board, we agree with the learned trial judge that the regulations in this respect are within the powers of the Governor in Council.
[3] The basic fact is that the appellant failed to disclose the birth of a son when he had given an undertaking to Canadian authorities to do so. He was thus granted landing on the basis of a misrepresentation and was ordered deported for that reason.
The appellant argues however that there was no purpose of the Immigration Act legitimately served by his being required to provide such information as to his non-accompanying dependants and therefore the regulations which implicitly require such answers cannot be valid. We are unable to agree. Instead we agree with the learned trial judge that the requirement of such information is reasonably related to the purposes of the Act.
[4] The appeal should therefore be dismissed with costs.
"B.L. Strayer"
J.A.
WINNIPEG, MANITOBA
November 6, 1998
Date: 19981106
Docket: A-1014-96
CORAM: THE CHIEF JUSTICE
STRAYER J.A.
LINDEN J.A.
BETWEEN:
AHMAR SINGH
Appellant
(Plaintiff),
- and -
HER MAJESTY THE QUEEN
Respondent
(Defendant),
Heard at Winnipeg, Manitoba, on November 6, 1998
Judgment delivered from the Bench at Winnipeg, Manitoba on November 6, 1998
REASONS FOR JUDGMENT BY: STRAYER J.A.
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: A-1014-96
APPEAL FROM A JUDGMENT OF THE TRIAL DIVISION DATED December 2, 1996, TRIAL DIVISION FILE NO. T-1495-95.
STYLE OF CAUSE: Ahmar Singh v. Her Majesty the Queen
PLACE OF HEARING: Winnipeg, Manitoba
DATE OF HEARING: November 6, 1998
REASONS FOR JUDGMENT
OF THE COURT: THE CHIEF JUSTICE
STRAYER J.A.
LINDEN J.A.
DELIVERED FROM THE BENCH BY: STRAYER J.A.
DATED: November 6, 1998
APPEARANCES
Mr. David Matas for the Applicant
Mr. David Jacyk
Department of Justice
301 - 310 Broadway
Winnipeg, Manitoba
R3C 0S6 for the Respondent
SOLICITORS OF RECORD
Mr. David Matas
Barrister & Solicitor
602 - 225 Vaughan St.
Winnipeg, Manitoba
R3C 1T7
for the Applicant
Morris Rosenberg
Deputy Attorney General of Canada for the Respondent