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Nicolau v. Canada ( Minister of Employment and Immigration )

IMM-4419-93

Nadon J.

25/2/94

8 pp.

Application for judicial review of Adjudicator's decision applicant member of inadmissible class described in Immigration Act, s. 19(1)(b) -- Applicant, citizen of Romania, married there in 1983; had child there in 1985 -- Husband, landed immigrant in 1988, sponsoring applicant and son -- Applicant and son arrived in Canada in 1992 under Minister's permit -- Relationship with husband broke down -- Application for permanent residence from within Canada refused -- At s. 27(3) inquiry, Adjudicator concluded reasonable grounds to believe applicant would be unable to support herself and son -- Applicant able to support herself and son only if permitted to work; but not authorized by law -- Friends' support not "adequate arrangements" -- Would have to rely on social assistance -- Applicant "unable" to support herself and son within meaning of s. 19(1)(b) -- Application dismissed -- Immigration Act, R.S.C., 1985, c. I-2, ss. 19(1)(b) (as am. by S.C. 1992, c. 49, s. 11), 27(3).

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