Canada ( Minister of Employment and Immigration ) v. Hundal
A-462-92
Stone J.A.
16/3/94
4 pp.
Appeal from Immigration and Refugee Board's decision reversing visa officers' decision respondent's adoption deemed void pursuant to Hindu Adoptions and Maintenance Act, 1956, s. 5(2) -- Whether Board erred when it decided respondent, resident of Canada, validly adopted natural born daughter of her brother living in India, pursuant to Act, s. 11(vi) -- Immigrant visa issued to join adoptive parents in Canada but child remained in India to live with natural parents and complete schooling -- Board had to decide whether adoption validly made and "intent to transfer" present-Intent to transfer existed within meaning of statute at time adoption ceremony performed -- Appeal dismissed -- Hindu Adoptions and Maintenance Act, 1956, ss. 5(2), 11(vi) (India).