Date: 19990126

Docket: A-705-97

CORAM:      THE CHIEF JUSTICE

         LINDEN, J.A.

         SEXTON, J.A.     

BETWEEN:

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Appellant

     - and -

     KUSHWINDER KAUR GILL

     Respondent

Heard at Calgary, Alberta on Tuesday, on January 26, 1999.

Judgment delivered at Calgary, Alberta, on Tuesday, January 26, 1999.

REASONS FOR JUDGMENT BY:      LINDEN, J.A.     

Date: 19990126

Docket: A-705-97

CORAM:      THE CHIEF JUSTICE

         LINDEN, J.A.

         SEXTON, J.A.     

BETWEEN:

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Appellant

     - and -

     KUSHWINDER KAUR GILL

     Respondent

     REASONS FOR JUDGMENT

     (Delivered from the Bench at Calgary, Alberta

     on Tuesday, January 26, 1999)

LINDEN, J.A.:

[1]      While there was no express legislative authorization for a joint or co-sponsorship regime, there was a system akin to that under the former regime (see Inland Processing Policy Manual). Hence, the Trial Judge, on the basis of the law as it stood, did not err in affirming the decision of the Appeal Division and in following the spirit of the Sidhu decision. Because of the changes in the regulations adopted in April 1997, however, that situation may now be quite different.

[2]      The question, in the form it was asked, is, in our view, both too general to be answered and may also be moot in the light of the new regulations.

[3]      This appeal will be, therefore, dismissed with costs.

     "Allen M. Linden"

     J.A.

     FEDERAL COURT OF APPEAL

    

Date: 19990126

Docket: A-705-97

BETWEEN:

     THE MINISTER OF CITIZENSHIP

     AND IMMIGRATION

     Appellant

     - and -

     KUSHWINDER KAUR GILL

     Respondent

    

     REASONS FOR JUDGMENT

    

     FEDERAL COURT OF CANADA

     APPEAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS ON THE RECORD

COURT FILE NO.:      A-705-97

STYLE OF CAUSE:      The Minister of Citizenship and Immigration

     v. Kushwinder Kaur Gill     

PLACE OF HEARING:      Calgary, Alberta

DATE OF HEARING:      Tuesday, January 26, 1999

REASONS FOR JUDGMENT OF LINDEN, J.A.

DATED:      January 26, 1999

APPEARANCES:

Mr. Brad Hardstaff      for the Appellant

Mr. C. R. Darwent      for the Respondent

SOLICITORS OF RECORD:

George W. Thomson

Deputy Attorney General

for Canada

Ottawa, Ontario      for the Appellant

Mr. Charles R. Darwent

Calgary, Alberta      for the Respondent