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, 1993 CanLII 3010 (FCA), [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 CanLII 13603 (FC), [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 CanLII 13603 (FC), [1991] 3 F.C. 350, and Robertson J.A., dissenting in the Federal Court of Appeal, 1993 CanLII 3010 (FCA), [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.