CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Sandhu v. Canada (Minister of Citizenship and Immigration)
IMM-192-00
Dubé J.
23/1/01
6 pp.
Application for judicial review of decision by Immigration Officer deleting applicant as dependant from father's application for permanent residence in Canada on ground not "dependent son" as defined in Immigration Regulations, 1978, s. 2(1)--Immigration Officer finding since attaining 19 years of age, applicant had not been "continuously enrolled and in attendance" as full-time student in academic, professional, vocational program at university, college, other educational institution--Based decision on fact, in spite of physical and continuous presence as full-time student, applicant failed exams--Whether definition of "dependent son" in s. 2(1) involves qualitative assessment of student's performance to determine whether "in attendance" at educational institution--Plain meaning of s. 2(1) not including qualitative element--Statute should be interpreted in manner consistent with plain meaning of terms--Interpretation should not add to terms of law--If Parliament intended to empower Immigration Officer to determine quality of attendance of student under Regulations, s. 2(1), it would have said so--Application allowed--Question certified--Immigration Regulations, 1978, SOR/78-172, s. 2(1) "dependent son" (as am. by SOR/92-101, s. 1).