Canada ( Minister of Citizenship and Immigration ) v. Patel
IMM-6059-93
Cullen J.
26/1/95
5 pp.
Judicial review of Immigration and Refugee Board, Appeal Division's decision adoption ceremony proven and refusal to approve application for landing not in accordance with law -- Visa officer refusing respondent's application to sponsor adopted daughter for landing in Canada as member of family class -- Stating adoption contravening Indian adoption legislation in that child not actually given in adoption -- On appeal, Appeal Division stating intent to transfer irrelevant, whereupon no further cross-examination on matter -- Reasons stating intent to transfer child important consideration since adoption legislation not requiring actual physical giving and taking -- Concluding adoption ceremony proven -- Application allowed -- As Appeal Division's decision rested on very issue which was subject of questioning, applicant not having full opportunity to make case -- Curtailing of cross-examination resulting in breach of rules of natural justice -- Denial of fair hearing rendering decision invalid -- Furthermore Appeal Division addressing wrong issue -- Issue not whether valid adoption in accordance with laws of India, but whether adoption in accordance with laws of India properly recognized under Canadian Immigration legislation, Regulations.