Wang v. Canada (Minister of Citizenship and Immigration)
Counsel for the appellant conceded the applicant had stated she was married and that the signed statement constituted a direct misrepresentation within paragraph 40(1)(a) IRPA; given that concession and the unchallenged finding of falsity by the Immigration Division, the appeal must be dismissed.
Source-derived case information.
- Citation
- 2006 FCA 345
- Parties
- Appellant: Xiao Qiong Wang; Respondent: The Minister of Citizenship and Immigration
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 24 October 2006
- Procedural Posture
- Immigration Appeal / Federal Court of Appeal Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Misrepresentation, Paragraph 40(1)(a) IRPA, Permanent Residence Application, Direct Versus Indirect Misrepresentation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Xiao Qiong Wang
Appellant
The Minister of Citizenship and Immigration
Respondent
Procedural Posture
Immigration Appeal / Federal Court of Appeal Decision
Legal Issues
- 1 Whether the applicant made a direct misrepresentation on her permanent residence application under paragraph 40(1)(a) of the IRPA
- 2 Whether the appeal should be allowed given the finding of misrepresentation by the Immigration Division
Ratio Decidendi
Counsel for the appellant conceded the applicant had stated she was married and that the signed statement constituted a direct misrepresentation within paragraph 40(1)(a) IRPA; given that concession and the unchallenged finding of falsity by the Immigration Division, the appeal must be dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Wang v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court of Appeal Decisions Date 2006-10-24 Neutral citation 2006 FCA 345 File numbers A-420-05 Decision Content Date: 20061024 Docket: A-420-05 Citation: 2006 FCA 345 CORAM: NOËL J.A. EVANS J.A. MALONE J.A. BETWEEN: XIAO QIONG WANG Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Heard at Vancouver, British Columbia, on October 24, 2006. Judgment delivered from the Bench at Vancouver, British Columbia, on October 24, 2006. REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A. Date: 20061024 Docket: A-420-05 Citation: 2006 FCA 345 CORAM: NOËL J.A. EVANS J.A. MALONE J.A. BETWEEN: XIAO QIONG WANG Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Vancouver, British Columbia, on October 24, 2006) EVANS J.A. [1] Counsel for the appellant agreed that Ms Wang had stated in her application for permanent residence in Canada that she was married. The Immigration Division of the Immigration and Refugee Board found that this was false, a finding that counsel does not challenge in this Court. [2] Counsel further agreed that Ms Wang’s statement on the form, which she signed, constituted a direct misrepresentation for the purpose of paragraph 40(1)(a) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27. Accordingly, it is unnecessary to answer the question certified by the Applications Judge which was based on the assumption that any misrepresentation made by Ms Wang was indirect. [3] For these reasons, the appeal will be dismissed. “John M. Evans” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-420-05 STYLE OF CAUSE: Xiao Qiong Wang v. The Minister of Citizenship and Immigration PLACE OF HEARING: Vancouver, British Columbia DATE OF HEARING: October 24, 2006 REASONS FOR JUDGMENT OF THE COURT: Noël, J.A. Evans, J.A. Malone, J.A. DELIVERY FROM THE BENCH BY: Evans, J.A. REASONS FOR JUDGMENT: Evans, J.A. APPEARANCES: Phil Rankin FOR THE APPELLANT Sandra Weafer FOR THE RESPONDENT SOLICITORS OF RECORD: Rankin & Bond Vancouver, British Columbia FOR THE APPELLANT John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT