The Court -- We share the view of Strayer J. (then of the Federal Court (Trial Division)), [1991] 3 F.C. 350, and Robertson J.A., dissenting in the Federal Court of Appeal, [1994] 1 F.C. 639, regarding the interpretation of s. 11(3) of the Immigration Regulations, 1978, SOR/78-172, and would for that reason allow the appeal, set aside the decision of the Court of Appeal, except its order awarding costs, and restore the order made by Strayer J. The appellant is entitled to his costs in this Court.
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- s. 11(3) ¶ 1