Canada ( Solicitor General ) v. Kainth
A-34-94
Marceau J.A.
10/6/94
7 pp.
Appeal from Immigration Appeal Division's decision allowing appeal of respondent and overturning refusal by immigration officer of sponsored application for landing of spouse; sufficient humanitarian or compassionate grounds to grant permanent residence -- Whether Immigration Appeal Division exceeded jurisdiction or erred in law in interpretation and application of Immigration Act, s. 77(3)(b) by allowing appeal and granting special relief, notwithstanding ss. 19(1)(i) and 55(1) of Act -- Even if limitation of Board's equitable jurisdiction under s. 77(3) more in accordance with what appears to be scheme of Act, such limitation finds no clear support in wording of legislation -- Determination by Board of question relating to its jurisdiction clear and express and should not be disturbed by court of review as long as support can be found in wording of legislation -- Appeal dismissed -- Immigration Act, R.S.C., 1985, c. I-2, ss. 19(1)(i), 55(1) (as enacted by S.C. 1992, c. 49, s. 45), 77(3)(b).