- Page 1: Immigration Appeal Division SPONSOR
- Page 5 and 6: A decision of the Immigration Appea
- Page 7 and 8: Chapter One Financial Refusals and
- Page 9 and 10: jurisdiction if the application was
- Page 11 and 12: Requirements for the Sponsor A spon
- Page 13 and 14: different methodology and reliance
- Page 15 and 16: Transitional Issues The transitiona
- Page 17 and 18: Singh Chahal, Balwinder v. M.C.I. (
- Page 19 and 20: This chapter will therefore deal on
- Page 21 and 22: convictions under Canadian federal
- Page 23 and 24: The Canadian criminal law provision
- Page 25 and 26: • “serious criminality” - equ
- Page 27 and 28: There is a distinction between para
- Page 29 and 30: elements correspond. One must, of c
- Page 31 and 32: In a judicial review from a visa of
- Page 33 and 34: o o o they have not in the last 10
- Page 35 and 36: applicant provided material to esta
- Page 37 and 38: CASES Aguilar: M.C.I. v. Aguilar, V
- Page 39 and 40: Perry, Ivelaw Barrington v. M.C.I.
- Page 41 and 42: (ii) their admission would cause or
- Page 43 and 44: (d) in the case of public safety, "
- Page 45 and 46: ecause the medical reports had expi
- Page 47 and 48: Where the Medical Notification form
- Page 49 and 50: The failure to avail oneself of the
- Page 51 and 52: It is therefore open to an appellan
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medical officer to re-consider. Thi
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addicted to drugs automatically bri
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insured health services is expressl
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Thangarajan 104 and in Yogeswaran 1
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IRPA now sets out the impact of an
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Colaco, Peter Anthony v. M.C.I. (F.
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Mahey: M.C.I. v. Mahey, Gulshan (F.
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Chapter Four Adoptions A child who
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country in which the adoption takes
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whether or not the child is an only
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*“declaratory judgment”: a judg
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the child into Canada so that he co
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[i]t is the opinion of the Board th
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the absence of cogent evidence, tha
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sponsor’s biological father in an
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In Singh 76 the Immigration Appeal
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(iii) where the adoption is an inte
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followed in the country of convicti
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An issue that arose after the IRPA
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Dooprajh, Anthony v. M.C.I. (IAD M9
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Taggar: Canada (Minister of Employm
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a foreign national from being consi
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the relationship is not genuine and
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The validity of a marriage in the j
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The Immigration Appeal Division has
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The validity of the marriage “und
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A prior marriage is dissolved by di
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The criteria enunciated in M. v. H.
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The question is essentially whether
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Section 1(2) of the IRP Regulations
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The relationship of “conjugal par
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also considered an offence under Ca
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Note, however, that local legislati
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Note also that subsection 22(3) of
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The constitutionality of s. 117(9)(
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According to s. 4 of the IRP Regula
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turn around and resume their previo
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CASES Adjani, Joshua Taiwo v. M.C.I
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Laforge, Robert v. M.C.I. (IAD MA3-
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Taggar: Canada (Minister of Employm
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In 2004 2 a new provision, Section
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adopted before having attained 19 y
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section 4(3) of the former Regulati
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prong of the new test? It will also
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As noted by the Court in Roopchand
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the couple. 53 In Froment, 54 the C
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couple. The conclusion reached by t
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An issue that often arises in a sec
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D) Marriage after commencement, but
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B) Doctrine of Res Judicata Res Jud
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Abuse of process is a particularly
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F) Using Res Judicata and Abuse of
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evidence justifying a new hearing i
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Immigration Appeal Division panel h
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not just applications by foreign na
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Chow, Wing Ken v. M.E.I. (I.A.B. 86
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Lundrigan Group Ltd. v. Pilgrim (19
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Tabesh, Rita v. M.C.I. (IAD VA3-009
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Membership in the family class is d
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(b) a genuine parent-child relation
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and/or her right to security of per
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The transitional provisions 44 of t
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The current definition refers to th
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In Bains, 61 the issue was whether
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or not the condition was diagnosed
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CASES Adjani, Joshua Taiwo v. M.C.I
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Chapter Eight Misrepresentation Int
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In Wang 4 the IAD adopted the Immig
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An inadmissibility report prepared
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Transitional Issues Section 192 of
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Chapter Nine Non-compliance with th
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Meaning of “permanently” The or
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Timing In appeals where the issue i
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Failure to answer truthfully or pro
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Molice, Antoine Anel v. M.E.I. (IAD
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(f) complies with international hum
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[…] The need to establish the con
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Along with these considerations the
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EVIDENCE Burden of Proof Before a d
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The Immigration Appeal Division has
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Given the open ended language of su
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• the relative availability of he
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CASES Ahmed, Muhammad Jamail v. M.E
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Thamber, Avtar Singh v. M.C.I. (F.C
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Content of the Duty of Fairness Gen
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Delay In order for delay in process
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addresses reopening in a removal or
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MPSEP v. Cha, Jung Woo (F.C.A., no.
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This means a person is admissible w
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CASES Sahakyan, Sergey v. M.C.I. (F
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Section 196 of IRPA applies to spon
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Refusals based on the sponsor’s f
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‣ Refusals based on financial gro
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CASES Alleg, Sahila v. M.C.I. (F.C.