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Date: 20021210
Docket: A-722-01
Neutral citation: 2002 FCA 492
CORAM: STONE J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
NELLY VILCHES and AYLEEN VILCHES
Appellants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Heard at Toronto, Ontario, on Tuesday, December 10th, 2002.
Judgment delivered from the Bench at Toronto, Ontario, on Tuesday, December 10th, 2002.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
Date: 20021210
Docket: A-722-01
Neutral citation: 2002 FCA 492
CORAM: STONE J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
NELLY VILCHES and AYLEEN VILCHES
Appellants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Tuesday, December 10th, 2002.)
SHARLOW, J.A.
[1] Notwithstanding the most able submissions of counsel for the appellants, we are not persuaded that there is any error in the decision of Justice McKeown that warrants the intervention of this Court. The question certified by Justice McKeown was:
Do reasons for a decision of an application under s.114(2) of the Immigration Act have to be made contemporaneously with the decision or can the reasons be made subsequent to the decision?
[2] We would answer that question as follows:
The reasons for a decision under subsection 114(2) of the Immigration Act do not have to be made contemporaneously with the decision.
[3] This appeal will be dismissed.
"Karen R. Sharlow"
J.A.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Names of Counsel and Solicitors of Record
DOCKET: A-722-01
STYLE OF CAUSE: NELLY VILCHES and AYLEEN VILCHES
Appellants
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
DATE OF HEARING: TUESDAY, DECEMBER 10, 2002
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: SHARLOW, J.A.
DATED: TUESDAY, DECEMBER 10, 2002
JUDGMENT DELIVERED FROM THE BENCH ON TUESDAY, DECEMBER 10, 2002.
APPEARANCES BY: Mr. Michael T. Crane
For the Appellants
Ms. Ann Margaret Oberst
Ms. Deborah Drukarsh
For the Respondent
SOLICITORS OF RECORD: Mr. Michael T. Crane
166 Pearl Street
Suite 200
Toronto, Ontario.
M5H 1L3
For the Appellants
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent