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Date: 20010228 Docket: A-752-99 Montréal, Quebec, Wednesday, February 28, 2001 CORAM: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL J.A. BETWEEN: GUO YONG BIAO Appellant AND MINISTER OF IMMIGRATION AND CITIZENSHIP Respondent O R D E R IN VIEW OF the absence of reasons explaining why counsel for the appellant, Jean-François Harvey, who is responsible for the case, is held up outside the country, unless by his personal choice; WHEREAS the motion to adjourn was not made until the very morning of the hearing, without prior notice, though the reason given was known well in advance; WHEREAS the motion as made is an abuse of process; WHEREAS counsel representing the appellant in this Court this morning is prepared to rely on his written pleadings; The motion to adjourn is dismissed.
Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. Date: 20010228 Docket: A-752-99 Montréal, Quebec, Wednesday, February 28, 2001 CORAM: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL J.A. Between: GUO YONG BIAO Appellant AND MINISTER OF IMMIGRATION AND CITIZENSHIP Respondent JUDGMENT The appeal is dismissed with costs and the following question, which was certified: Does the Canada-Quebec Accord limit the jurisdiction of the visa officer to question the source of funds of a Quebec-destined applicant for permanent residence in Canada, in order to establish the applicant's admissibility? is answered in the negative.
Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. Date: 20010228 Docket: A-752-99 Neutral reference: 2001 FCT 43 CORAM: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL J.A. BETWEEN: GUO YONG BIAO Appellant AND MINISTER OF IMMIGRATION AND CITIZENSHIP Respondent Hearing held at Montréal, Quebec on Wednesday, February 28, 2001 Judgment rendered at Montréal, Quebec on Wednesday, February 28, 2001 REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A. CONCURRED IN BY: DESJARDINS J.A. NOËL J.A. Date: 20010228 Docket: A-752-99 Neutral reference: 2001 FCT 43 CORAM: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL J.A. Between: GUO YONG BIAO Appellant AND MINISTER OF IMMIGRATION AND CITIZENSHIP Respondent REASONS FOR JUDGMENT LÉTOURNEAU J.A. [1] We consider that this appeal should be dismissed with costs and that this question certified by the motions judge should be answered in the negative: Does the Canada-Quebec Accord limit the jurisdiction of the visa officer to question the source of funds of a Quebec-destined applicant for permanent residence in Canada, in order to establish the applicant's admissibility? It seems clear to the Court that there is no incompatibility in the powers and duties of the two signatories of the Canada-Quebec Accord regarding immigration to Quebec. Clause 12 of that Accord states that the federal government has the authority to admit immigrants to Quebec and that it is the Government of Quebec which has the responsibility and powers of selecting immigrants wishing to settle in Quebec. Naturally the selection by the Quebec authorities is made and conducted from among the eligible immigrants. Clause 12(d) of the Accord expressly recognizes this, as follows:
[2] On the actual merits of the appeal, we feel that the motions judge made no error when he concluded that the visa officer was justified in denying the application for permanent residence in Canada made by the appellant on the ground that the latter had not provided the necessary documents establishing that his admission to Canada did not contravene the Immigration Act, R.S.C. 1985, c. I-2, as amended, and the regulations made thereunder, as required in ss. 8 and 9 of the said Act.
[3] The appeal will be dismissed with costs and the question certified will be answered in the negative.
I concur. Alice Desjardins J.A. I concur. Marc Noël J.A. Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD FILE: A-752-99 appeal from Trial Division judgment on February 5, 1999 in case IMM-843-98 STYLE OF CAUSE: GUO YONG BIAO Appellant AND MINISTER OF IMMIGRATION AND CITIZENSHIP Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: February 28, 2001 REASONS FOR JUDGMENT: Létourneau J.A. DATED: February 28, 2001 APPEARANCES:: Robert Crépin FOR THE APPELLANT Marie-Claude Demers FOR THE RESPONDENT SOLICITORS OF RECORD: Kaufman, Laramée FOR THE APPELLANT Montréal, Quebec Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Montréal, Quebec
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