Tunda c. Canada (Ministre de la citoyenneté et de l'immigration)

Tunda c. Canada (Ministre de la citoyenneté et de l'immigration)

The appellant plainly belonged to the inadmissible class under s.23(4)(a)(ii) for lacking a valid passport; s.23(4.01) authorizes the senior immigration officer to issue an exclusion order in those circumstances without further adjudication of other inadmissibility classes, therefore the exclusion order was lawful...

Source-derived case information.

Citation
2001 FCA 151
Parties
Appellant: Kassongo Tunda (Alias Kizuzi Dibayula); Respondent: The Minister of Citizenship and Immigration
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
14 May 2001
Procedural Posture
Immigration Appeal / Appeal Judgment (federal Court of Appeal)
Outcome
Appeal dismissed with costs.
Legal Topics
Exclusion Order, Section 23(4) and 23(4.01) Immigration Act, Delegation of Powers, Royal Assent, Passport Fraud
Source Language
en
Immigration Law Constitutional Law Administrative Law Exclusion Order Section 23(4) and 23(4.01) Immigration Act Delegation of Powers Royal Assent Passport Fraud

Source-derived case record

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Parties

Kassongo Tunda (Alias Kizuzi Dibayula)

Appellant

The Minister of Citizenship and Immigration

Respondent

Procedural Posture

Immigration Appeal / Appeal Judgment (federal Court of Appeal)

  1. 1 Whether a senior immigration officer may issue an exclusion order under s.23(4) where the person lacks a valid passport without holding an inquiry to determine other inadmissibility classes
  2. 2 Whether presentation of a false passport requiring criminal proceedings places the person in another inadmissible class that prevents exclusion under s.23(4)
  3. 3 Whether the Governor General may appoint Supreme Court judges to act for him and exercise powers including giving Royal Assent (ss.14 and 55 Constitution Act, 1867)

Ratio Decidendi

The appellant plainly belonged to the inadmissible class under s.23(4)(a)(ii) for lacking a valid passport; s.23(4.01) authorizes the senior immigration officer to issue an exclusion order in those circumstances without further adjudication of other inadmissibility classes, therefore the exclusion order was lawful and the appeal must be dismissed; the Governor General may lawfully appoint persons to act for him under ss.14 and 55 of the Constitution Act, 1867.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed.
  • Respondent awarded costs.