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On March 2, 2008, applicant arrived in Canada seeking entry as a temporary resident to work under the Live-In Caregiver Program.

As a result, the CBSA officer prepared a report on inadmissibility pursuant to section 44 of the Act, indicating that the applicant was inadmissible to Canada, as she had failed to satisfy the requirements of the Act and applicable regulations with regards to the entry to Canada of foreign nationals. On March 9, 2008, the Minister’s delegate reviewed the report and issued the exclusion order against the applicant which is now the object of the present application.

The applicant alleges that she obtained a work permit prior to travelling to Canada.

The arguments made by the applicant are based on a misapprehension of the applicable legal process and the nature of the actions taken by the visa office in Hong Kong. Contrary to the applicant’s submissions, the document issued to the applicant on September 6, 2007 by the Canadian Consulate General in Hong Kong, was not a working permit but a temporary resident visa which is solely a travel document.