Date: 20011030
Docket: IMM-5781-99
Neutral citation: 2001 FCT 1178
BETWEEN:
QUANG MINH BUI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
SIMPSON J.
[1] This application for judicial review concerns a visa officer's decision of October 22nd, 1999 in which he denied the applicant's application for permanent residence in Canada.
[2] The applicant had applied at age 24 as a dependent son of his mother. The issue, therefore, was whether he was able to satisfy the visa officer that he had been a full time student from the date on which he turned 19 until the date of his application. The visa officer was not satisfied about the applicant's student status and his application was rejected.
[3] In cross-examination on the statutory declaration made for this application for judicial review, the visa officer admitted that, although he did not recall which standard of proof he had applied in his analysis of the applicant's application, it was his practice in all cases to "conflate" or "mix" the civil and criminal standards of proof.
[4] Based on this evidence, I am satisfied that a material error of law was committed in the visa officer's analysis of the evidence in this case in that a standard of proof that was too rigorous was applied.
[5] Accordingly, an order will be made sending this matter back for redetermination by a different visa officer who is to assess the matter using the balance of probabilities as the standard of proof.
"Sandra J. Simpson"
J.F.C.C.
Toronto, Ontario
October 30, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-5781-99
STYLE OF CAUSE: QUANG MINH BUI
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
DATE OF HEARING: TUESDAY, OCTOBER 30, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: SIMPSON J.
DATED: TUESDAY, OCTOBER 30, 2001
APPEARANCES BY: Cecil L. Rotenberg
For the Applicant
Cheryl D. Mitchell
For the Respondent
SOLICITORS OF RECORD: Cecil L. Rotenberg, Q.C.
Barristers & Solicitors
255 Duncan Mill Road
Suite 808
Don Mills, Ontario
M3B 3H9
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20011030
Docket: IMM-5781-99
Between:
QUANG MINH BUI
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER