Nguyen v. Canada (Minister of Citizenship and Immigration)
The Federal Court of Appeal agreed with Justice Gibson that where a person subject to a removal order leaves Canada voluntarily without the Minister's consent and is lawfully admitted to another country, the removal order is not deemed to have been executed; accordingly the appeal is dismissed.
Source-derived case information.
- Citation
- 2001 FCA 187
- Parties
- Appellant: Van Anh Nguyen; Respondent: The Minister of Citizenship & Immigration
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 4 June 2001
- Procedural Posture
- Appeal (federal Court of Appeal) / Oral Hearing and Judgment on Certified Question
- Outcome
- Appeal dismissed; certified question answered in the negative; no order as to costs.
- Legal Topics
- Removal Order, Deemed Execution, Voluntary Departure, Ministerial Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Van Anh Nguyen
Appellant
The Minister of Citizenship & Immigration
Respondent
Procedural Posture
Appeal (federal Court of Appeal) / Oral Hearing and Judgment on Certified Question
Legal Issues
- 1 Whether a removal order is deemed executed when the person subject to the order leaves Canada voluntarily without the Minister's consent and is lawfully admitted to another country.
Ratio Decidendi
The Federal Court of Appeal agreed with Justice Gibson that where a person subject to a removal order leaves Canada voluntarily without the Minister's consent and is lawfully admitted to another country, the removal order is not deemed to have been executed; accordingly the appeal is dismissed.
Court Disposition
Appeal dismissed; certified question answered in the negative; no order as to costs.
Orders
- Certified question answered in the negative: a removal order is not deemed executed when the person leaves voluntarily without Ministerial consent and is lawfully admitted to another country.
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Nguyen v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court of Appeal Decisions Date 2001-06-04 Neutral citation 2001 FCA 187 File numbers A-394-00 Notes Digest Decision Content Date: 20010604 Docket: A-394-00 CORAM: DÉCARY, J.A. EVANS, J.A. SHARLOW, J.A. BETWEEN: VAN ANH NGUYEN Appellant - and - THE MINISTER OF CITIZENSHIP & IMMIGRATION Respondent Heard at Calgary, Alberta on Monday, June 4, 2001. Judgment delivered at Calgary, Alberta on Monday, June 4, 2001. REASONS FOR JUDGMENT BY: DÉCARY, J.A. Date: 20010604 Docket: A-394-00 Neutral Citation: 2001 FCA 187 CORAM: DÉCARY, J.A. EVANS, J.A. SHARLOW, J.A. BETWEEN: VAN ANH NGUYEN Appellant - and - THE MINISTER OF CITIZENSHIP & IMMIGRATION Respondent REASONS FOR JUDGMENT (Delivered from the Bench at Calgary, Alberta on Monday, June 4, 2001) DÉCARY, J.A. We agree with Mr. Justice Gibson that the following certified question should be answered in the negative: Where a person who is under a removal order leaves Canada voluntarily but without the consent of the Minister of Citizenship and Immigration, and is lawfully admitted to another country, is the removal order deemed to have been executed? The appeal will be dismissed. There will be no order as to costs. "Robert Décary" J.A. Calgary, Alberta June 4, 2001 FEDERAL COURT OF APPEAL Date: 20010604 Docket: A-394-00 BETWEEN: VAN ANH NGUYEN Appellant - and - THE MINISTER OF CITIZENSHIP & IMMIGRATION Respondent REASONS FOR ORDER FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-394-00 STYLE OF CAUSE: VAN ANH NGUYEN v. THE MINISTER OF CITIZENSHIP & IMMIGRATION PLACE OF HEARING: CALGARY, Alberta DATE OF HEARING: June 4, 2001 REASONS FOR ORDER BY DÉCARY, J.A. DATED: June 4, 2001 APPEARANCES: Ms. Roxanne Haniff-Darwent FOR THE APPELLANT Mr. Brad Hardstaff FOR THE RESPONDENT SOLICITORS OF RECORD: Darwent Law Office Calgary, Alberta FOR THE APPELLANT Morris A. Rosenberg Deputy Attorney General of Canada FOR THE RESPONDENT