Canada ( Solicitor General ) v. Kainth
IMM-1354-93
Joyal J.
12/10/93
6 pp.
Application to review and set aside Immigration and Refugee Board decision, exercising equitable jurisdiction under Immigration Act, s. 77(3)(b) granting respondent permanent residence in Canada-Respondent previously deported from Canada, could not be readmitted without Minister's consent-Whether Board's equitable jurisdiction to grant relief under s. 77 sufficiently wide or unqualified to override ministerial consent requirements under particular provisions of s. 55-Facts revealing sufficient humanitarian or compassionate grounds to prompt Board to grant landing to respondent-Immigration Appeal Division faced with appeal where special relief only relief available-Member of family class not meeting requirements of Immigration Act and Regulations by reason of s. 55-Exercise of Appeal Division's equitable jurisdiction may include waiver of any statutory or regulatory requirement-Equitable jurisdiction under s. 77 can only be exercised where requirements of sponsor or applicant found wanting-Minister's consent under s. 55 one of several requirements Appeal Division may waive under equitable jurisdiction-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, ss. 55, 77 (as am. by R.S.C., 1985 (2nd Supp.), c. 10, s. 6; R.S.C., 1985 (4th Supp.), c. 28, s. 33).