B-144073, OCT. 31, 1960

B-144073: Oct 31, 1960

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WAS REFERRED TO US FOR CONSIDERATION. YOU SAY YOU WERE ADMITTED TO CANADA AS A VISITOR AND APPEARED AT THE PROCESSING CENTER AT MONTREAL WHERE YOU RECEIVED AN APPOINTMENT TO A POSITION AT GOOSE AIR BASE. YOU SUBSEQUENTLY WERE INFORMED BY THE CANADIAN OFFICIALS THAT YOUR APPLICATION FOR PERMANENT ADMISSION INTO CANADA FOR THE PURPOSE OF ACCEPTING EMPLOYMENT DID NOT COMPLY WITH IMMIGRATION REQUIREMENTS AND UNLESS YOU LEFT THE COUNTRY YOU WERE SUBJECT TO DEPORTATION PROCEEDINGS. YOU SAY YOUR APPLICATION TO APPLY FOR ADMISSION AS A VISITOR WAS IN ACCORDANCE WITH INSTRUCTIONS OF OFFICIALS OF THE AIR FORCE AND THAT YOUR TRAVEL TO SAN ANTONIO WAS A CONSEQUENCE OF SUCH ERRONEOUS INSTRUCTIONS. THE RECORD SHOWS YOU WERE EMPLOYED AT THE WHEELUS AIR BASE.

B-144073, OCT. 31, 1960

TO MR. JOSEPH C. MIFSUD:

YOUR LETTER OF AUGUST 20, 1960, TO THE DEPARTMENT OF THE AIR FORCE, CONCERNING OUR OFFICE SETTLEMENT OF MAY 19, 1960, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL EXPENSES FROM TRIPOLI, LIBYA, TO MONTREAL, CANADA, AND FROM GOOSE AIR FORCE BASE, LABRADOR, TO SAN ANTONIO, TEXAS, AND RETURN, WAS REFERRED TO US FOR CONSIDERATION. YOU REQUEST OF THAT PART OF YOUR CLAIM RELATING TO REIMBURSEMENT FOR TRAVELING EXPENSES FROM LABRADOR TO SAN ANTONIO AND RETURN TO OBTAIN LEGAL ADMISSION INTO CANADA.

YOU SAY YOU WERE ADMITTED TO CANADA AS A VISITOR AND APPEARED AT THE PROCESSING CENTER AT MONTREAL WHERE YOU RECEIVED AN APPOINTMENT TO A POSITION AT GOOSE AIR BASE. YOU SUBSEQUENTLY WERE INFORMED BY THE CANADIAN OFFICIALS THAT YOUR APPLICATION FOR PERMANENT ADMISSION INTO CANADA FOR THE PURPOSE OF ACCEPTING EMPLOYMENT DID NOT COMPLY WITH IMMIGRATION REQUIREMENTS AND UNLESS YOU LEFT THE COUNTRY YOU WERE SUBJECT TO DEPORTATION PROCEEDINGS. YOU THEN APPLIED FOR ADMISSION TO CANADA PRESUMABLY AS A LANDED IMMIGRANT AND APPARENTLY TRAVELED TO SAN ANTONIO WHILE AWAITING ACTION ON YOUR APPLICATION. YOU SAY YOUR APPLICATION TO APPLY FOR ADMISSION AS A VISITOR WAS IN ACCORDANCE WITH INSTRUCTIONS OF OFFICIALS OF THE AIR FORCE AND THAT YOUR TRAVEL TO SAN ANTONIO WAS A CONSEQUENCE OF SUCH ERRONEOUS INSTRUCTIONS.

THE RECORD SHOWS YOU WERE EMPLOYED AT THE WHEELUS AIR BASE, LIBYA, AND WERE TO BE SEPARATED FROM THE SERVICE UNDER A REDUCTION IN FORCE ACTION. YOU WERE ADVISED OF A VACANT POSITION AS UTILIZATION OFFICER AT GOOSE AIR BASE; HOWEVER, YOU WERE INFORMED NO FORMAL OFFER OF THIS POSITION COULD BE MADE WHILE YOU WERE OUTSIDE CANADA. YOU ALSO WERE ADVISED BY THE DEPARTMENT THAT THE POSITION WOULD BE OFFERED ONLY AFTER YOUR ARRIVAL IN CANADA "AS A LANDED IMMIGRANT OR VISITOR, THE FORMER PREFERABLY.' THE INFORMATION SO VOLUNTEERED BY AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE WAS GRATUITOUS AND NOT REQUIRED BY LAW. THUS WHILE IT MAY HAVE BEEN MISLEADING, IT COULD CREATE NO LEGAL OBLIGATION ON THE PART OF THE GOVERNMENT. IT IS EVIDENT FROM THE CORRESPONDENCE RELATING TO YOUR EMPLOYMENT THAT THE GOOSE BAY INSTALLATION COULD EMPLOY ONLY LOCAL HIRES. IT FOLLOWS THAT IT WAS A PERSONAL OBLIGATION TO SO COMPLY WITH THE CANADIAN IMMIGRATION LAWS AS TO ALLOW YOU TO REMAIN IN CANADA DURING THE COURSE OF YOUR EMPLOYMENT. ACCORDINGLY, YOUR TRAVEL TO SAN ANTONIO OR TO ANY OTHER POINT WHILE AWAITING LEGAL ADMISSION TO CANADA MAY NOT BE REGARDED AS TRAVEL ON OFFICIAL GOVERNMENT BUSINESS.

THEREFORE, SINCE YOU WERE REIMBURSED FOR YOUR EXPENSES OF TRAVEL FROM MONTREAL TO GOOSE AIR BASE UNDER OUR SETTLEMENT, YOU HAVE BEEN PAID ALL THE EXPENSES FOR TRAVEL TO WHICH YOU LAWFULLY ARE ENTITLED.