Does the Minister have an obligation to restore implied status under section 183(5) and (6) of the Regulations?
Canada (Federal), Canada
The following excerpt is from Mbaye v. Canada (Citizenship and Immigration), 2016 FC 1037 (CanLII):
Finally, Sui v. Canada (Minister of Public Safety and Emergency Preparedness), 2006 FC 1314 [Sui], on which the applicant placed considerable emphasis during the hearing, does not help his case. In Sui, the applicant applied for restoration of status within the prescribed time frame, i.e. within 90 days of the expiry of his status in accordance with subsection 182(1) of the Regulations. While he was waiting for his application to be processed, he had implied status under subsections 183(5) and (6) of the Regulations, a fact the Minister ignored.
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