Canada ( Minister of Citizenship and Immigration ) v. Edrada
IMM-5199-94
MacKay J.
29/2/96
8 pp.
Application for judicial review of decision of Immigration and Refugee Board, Appeal Division allowing respondent's appeal from refusal to approve sponsored application for permanent residence of adopted son, Randy Edrada-Respondent Canadian citizen emigrating to Canada from Philippines in 1980-Paternal grandfather, adopting father of Randy Edrada, resident of Philippines-Latter filing application for permanent residence at Canadian Embassy in Manila in August 1989-Application refused as Randy member of inadmissible class of persons under Immigration Regulations, 1978 by not providing letter of "no objection" to proposed arrangements from province of Alberta-At hearing of appeal Minister conceded lack of "no objection" letter from Alberta no longer ground for refusal as respondent relocated in British Columbia-Tribunal allowing respondent's appeal-Definition of "adopted" in Regulations, s. 2(1)-In deciding whether individual adopted for purposes of Immigration Act, one must have regard not only to law of foreign jurisdiction, but to Canadian law as well-In order to establish adoption for purposes of definition, necessary to demonstrate existence of relationship of parent and child, in addition to compliance with applicable adoption laws-Tribunal failing to determine whether adoption created, in fact, relationship of parent and child between respondent and Randy-Erred in law in declining to consider matter-Application allowed-Immigration Regulations, 1978, SOR/78-172, s. 2(1)-Immigration Act, R.S.C., 1985, c. I-2.