Canada Immigration Caselaw Canada v Ismail, Exclusion and expulsion, Removal orders, Joy Stephen, Polinsys

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Canada (Minister of Citizenship and Immigration) v. Ismail

IMMIGRATION — Exclusion and expulsion — Removal orders

Principal applicant was citizen of Egypt who applied to come to Canada under skilled workers program — She submitted language testing certificate (“IELTS”) and was granted permanent resident visa, along with her co-applicants husband and daughter — When applicants arrived at airport in Toronto they presented their permanent resident visas and were examined by immigration officer — When principal applicant was not able to answer simple questions in English, officer checked computer database and noticed that visa officer in Cairo had determined that IELTS results submitted were fraudulent — Visas were nonetheless issued, likely because of civil unrest in Egypt at time, which resulted in interruption in processing — Applicants were permitted to enter Canada under s. 23 of Immigration and Refugee Protection Act (Can.), for purpose of attending examination at later date — On November 23, 2011, visa officer revoked applicants’ permanent resident visas — Applicants then attended examination on December 2, 2011, and exclusion orders were issued against all three, given that they did not have valid visas — Immigration Appeal Division (“IAD”) dismissed applicants appeal of decision — IAD found that applicants had not shown, on basis of information provided, that they had right of appeal in circumstances — Applicants applied for judicial review of decision of IAD — Application dismissed — There was no doubt that visa could be revoked at any time after having been issued — It was clear from textual, contextual and purposive analysis of s. 63(2) and Act as whole that right of appeal was granted only to person who held valid permanent resident visa at time exclusion report was issued — Foreign nationals who were found to be inadmissible at port-of-entry or at deferred examination would have right of appeal to IAD only when their inadmissibility did not relate to absence of permanent resident visa

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