BETWEEN:
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Heard at Vancouver, British Columbia, on May 29, 2007.
Judgment delivered from the Bench at Vancouver, British Columbia, on May 29, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
Docket: A-363-06
Citation: 2007 FCA 205
CORAM: DÉCARY J.A.
LINDEN J.A.
SEXTON J.A.
BETWEEN:
KIT MEI ANN CHU
Appellant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia, on May 29, 2007)
[1] Despite Mr. Larson’s able argument, we have reached the view that there is nothing useful we could add to the reasons for judgment of Madam Justice Heneghan (2006 FC 893).
[2] The appeal will be dismissed and the certified questions will be answered as follows:
(i) The first certified question, “Does the five year period in section 28 of the Immigration and Refugee Protection Act apply to periods prior to June 28, 2002” is answered “Yes”.
(ii) The second certified question, “If so, does applying section 28 retroactively breach section 7 of the Canadian Charter of Rights and Freedoms?” is answered “No”.
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-363-06
STYLE OF CAUSE: KIT MEI ANN CHU v. MCI.
PLACE OF HEARING: Vancouver, British Columbia
REASONS FOR JUDGMENT BY: DÉCARY J.A.
LINDEN J.A.
SEXTON J.A.
DELIVERED FROM THE BENCH BY: DÉCARY J.A.
DATED: May 29, 2007
APPEARANCES:
Darryl W.
Larson FOR
THE APPELLANT
Banafsheh
Sokhansanj FOR THE
RESPONDENT
SOLICITORS OF RECORD:
|
Embarkation Law Group Vancouver, B.C. |
FOR THE APPELLANT |
|
John H. Sims, Q.C. Deputy Attorney General of Canada |
|