The appellants brought an action in the Superior Court alleging an unconstitutional exercise of discretion under section 114(2) of the Immigration Act regarding the deportation of a parent.
The motion judge declined jurisdiction in favour of the Federal Court.
On appeal, the Court of Appeal affirmed the decision, holding that the Federal Court is the proper forum for immigration matters unless it is shown to be ineffective or inappropriate.
The appeal was dismissed with no costs awarded.
