Perera v. Canada ( Minister of Health and Welfare )
T-1390-93
Rouleau J.
21/3/94
6 pp.
Application for order Federal Court without jurisdiction to hear application for certiorari quashing Review Committee's decision -- Application for benefit under Old Age Security Act indicating applicant born in Sri Lanka, arriving in Canada as landed immigrant in 1981 -- Applicant visited Sri Lanka in 1986, but unable to return to Canada until 1989 because of civil war in Sri Lanka -- Advised not entitled to old age security pension as not meeting residency requirements -- Review Committee dismissing appeal holding Act, Regulations requiring both residence, presence in Canada -- Old Age Security Act, s. 28(1) providing tribunal's decision final and binding, not subject to appeal or review by any court -- National Corn Growers Assn. v. Canada (Import Tribunal), [1990] 2 S.C.R. 1324 formulating test to determine whether privative clause precluding Court from reviewing tribunal's decision: courts will interfere in presence of privative clause only if decision of specialized tribunal cannot be sustained on any reasonable interpretation of facts or law -- Old Age Security Regulations, s. 21(1)(a), providing resident if makes home and ordinarily living in any part of Canada -- Physical presence only determinative of eligibility if applicant cannot establish residing in Canada for required ten-year-period and attempting to establish eligibility based on second criteria in s. 3(1)(b)(iii) requiring presence in Canada during period specified therein -- By interpreting legislation so as to require both residence and presence to establish eligibility, Review Committee misinterpreted legislation to such extent Federal Court has jurisdiction to review matter under Federal Court Act, s. 18.1 -- Application dismissed -- Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5) -- Old Age Security Act, R.S.C., 1985, c. O-9, ss. 3(1)(b)(iii), 28 -- Old Age Security Regulations, C.R.C., c. 1246, s. 21(1)(a).