Case information

Administrative law — Boards and Tribunals — Jurisdiction — Immigration and Refugee Board, Immigration Appeal Division – Permanent resident visa expiring after its holder arrived in Canada without being landed but before removal order issued — Visa holder appealing to Immigration Appeal Division — Immigration Appeal Division interpreting statutory provision at issue as not conferring it jurisdiction — Application for judicial review to Federal Court and appeal to Federal Court of Appeal dismissed on basis that interpretation by Immigration Appeal Division was reasonable — What is the appropriate standard of review to the decision of the Immigration Appeal Division regarding the statutory right of appeal under statutory provision at issue? — Whether the Immigration Appeal Division erred in construing statutory provision at issue by determining that the appellant lost her right of appeal because the validity date of her permanent resident visa had passed prior to the issuance of the exclusion order — Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 63(2).<br>

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Section 63(2) of the Immigration and Refugee Protection Act (“IRPA”) provides foreign nationals who hold a permanent resident visa with the right to appeal to the Immigration Appeal Division (“IAD”) against a decision to make a removal order against them made under s. 44(2) or made at an admissibility hearing.

In March 2018, the appellant, Dorinela Pepa, came to Canada while in possession of a permanent resident visa as an accompanying dependent child of her father. However, before she came to Canada, Ms. Pepa married. On her arrival in Canada, she advised the point of entry officer of her marriage. Because of the change in her circumstances, Ms. Pepa was admitted for further examination and was not landed. The further examination occurred in the next month, followed by two reports under s. 44 of the IRPA. An admissibility hearing before the Immigration Division (“ID”) of the Immigration and Refugee Board commenced in September 2018. Her visa had expired earlier that month. At the conclusion of the hearing, the ID issued an exclusion order against her. She appealed the decision to the IAD, but the IAD concluded that she had no right to appeal under s. 63(2) because, when the removal order was issued, her visa had expired and so was no longer valid. Ms. Pepa’s application to the Federal Court and appeal to the Federal Court of Appeal were dismissed, with those courts concluding that the IAD’s decision was reasonable.