Chen v. Canada (Minister of Employment and Immigration), [1995] 1 S.C.R. 725
Chang‑Jie Chen Appellant
v.
The Minister of Employment and Immigration and
the Secretary of State for External Affairs Respondents
Indexed as: Chen v. Canada (Minister of Employment and Immigration)
File No.: 23984.
1995: February 3; 1995: February 23.
Present: La Forest, L'Heureux‑Dubé, Sopinka, Gonthier, Cory, McLachlin and Major JJ.
on appeal from the federal court of appeal
Immigration ‑‑ Permanent residence applications ‑‑ Visa officer's discretion ‑‑ Interpretation of s. 11(3) of Immigration Regulations, 1978, SOR/78‑172.
Held: The appeal should be allowed.
Statutes and Regulations Cited
Immigration Regulations, 1978, SOR/78‑172, s. 11(3) [rep. & sub. SOR/81‑461, Sch., s. 1].
APPEAL from a judgment of the Federal Court of Appeal, [1994] 1 F.C. 639, 164 N.R. 257, 109 D.L.R. (4th) 560, 22 Imm. L.R. (2d) 213, setting aside a judgment of the Trial Division, [1991] 3 F.C. 350, 45 F.T.R. 96, 13 Imm. L.R. (2d) 172. Appeal allowed.
Cecil L. Rotenberg, Q.C., Andrew Z. Wlodyka, Mary Lam and Christina F. Kurata, for the appellant.
Urszula Kaczmarczyk and Donald A. MacIntosh, for the respondents.
The following is the judgment delivered by
1 The Court -- We share the view of Strayer J. (then of the Federal Court (Trial Division)), [1991] 3 F.C. 350, and Robertson J.A., dissenting in the Federal Court of Appeal, [1994] 1 F.C. 639, regarding the interpretation of s. 11(3) of the Immigration Regulations, 1978, SOR/78-172, and would for that reason allow the appeal, set aside the decision of the Court of Appeal, except its order awarding costs, and restore the order made by Strayer J. The appellant is entitled to his costs in this Court.
Appeal allowed with costs.
Solicitors for the appellant: Cecil L. Rotenberg and Mary Lam, Don Mills; Constance Nakatsu, Toronto.
Solicitor for the respondents: George Thomson, Toronto.