What is the impact of a panel's decision not to grant a permanent resident's right of appeal against a determination that she failed to meet her residency obligation under section 28 of the Immigration Act?
Canada (Federal), Canada
The following excerpt is from Shah v Canada (Citizenship and Immigration), 2014 CanLII 96363 (CA IRB):
The panel in Ateieh Sabour v. M.C.I. (IAD MB)-02520) Hilling, August 10, 2010, held: To determine that the applicant should retain her right of appeal and permanent resident status, at least until a determination is made, would amount to stripping the consent to determination on the residency obligation and waiver of appeal rights of all legal significance after its signatory had derived the benefit from it. Such a determination would violate the integrity of the Canadian immigration system by allowing a permanent resident who failed to meet the residency obligation under section 28of the Act, but who wants to come to Canada quickly, to bypass this failure and then continue the status determination process after she arrives in Canada.
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