CORAM: NOËL J.A.
EVANS J.A.
MALONE J.A.
BETWEEN:
XIAO QIONG WANG
Appellant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Heard at Vancouver, British Columbia, on October 24, 2006.
Judgment delivered from the Bench at Vancouver, British Columbia, on October 24, 2006.
REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A.
Docket: A-420-05
Citation: 2006 FCA 345
EVANS J.A.
BETWEEN:
Appellant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia, on October 24, 2006)
[1] Counsel for the appellant agreed that Ms Wang had stated in her application for permanent residence in Canada that she was married. The Immigration Division of the Immigration and Refugee Board found that this was false, a finding that counsel does not challenge in this Court.
[2] Counsel further agreed that Ms Wang’s statement on the form, which she signed, constituted a direct misrepresentation for the purpose of paragraph 40(1)(a) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27. Accordingly, it is unnecessary to answer the question certified by the Applications Judge which was based on the assumption that any misrepresentation made by Ms Wang was indirect.
[3] For these reasons, the appeal will be dismissed.
“John M. Evans”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-420-05
STYLE OF CAUSE: Xiao
Qiong Wang v. The Minister of
Citizenship and Immigration
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: October 24, 2006
REASONS FOR JUDGMENT OF THE COURT: Noël, J.A.
Evans, J.A.
Malone, J.A.
DELIVERY FROM THE BENCH BY: Evans, J.A.
REASONS FOR JUDGMENT: Evans, J.A.
APPEARANCES:
Phil Rankin FOR THE APPELLANT
Sandra Weafer FOR THE RESPONDENT
SOLICITORS OF RECORD:
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Rankin & Bond Vancouver, British Columbia
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John H. Sims, Q.C. Deputy Attorney General of Canada |