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Date: 20201207


Docket: IMM-6342-19

Citation: 2020 FC 1129

Vancouver, British Columbia, December 7, 2020

PRESENT:  The Honourable Madam Justice Heneghan

BETWEEN:

FENG WANG

Applicant

and

MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

JUDGMENT AND REASONS

[1]  Mr. Feng Wang (the “Applicant”) seeks judicial review of the decision of an Immigration Officer (the “Officer”) refusing his application for an extension of his Temporary Resident Permit (“the TRP”) that was issued pursuant to subsection 24(1) of the Immigration and Refugee Protection Act, S.C. 2001, c.27 (the “Act”).

[2]  The application for the TRP contained in the Certified Tribunal Record (“CTR”) is not the same as the TRP extension application attached to the affidavit of Soyeum Park, Immigration Consultant, which affidavit was filed as part of the Applicant’s Application Record.

[3]  At the hearing of the application for judicial review, Counsel for the Applicant advised that he was withdrawing this affidavit because it is not correct.

[4]  Counsel for the Applicant also advised the Court that he had been unable to get instructions from his client so was not in a position where he could withdraw or discontinue the application for judicial review.

[5]  Counsel for the Applicant further advised that he had no further submissions.

[6]  Counsel for the Minister of Citizenship and Immigration (the “Respondent”) was heard.

[7]  In reply to a question from the Court, Counsel for the Applicant advised that he was acting in his capacity as an officer of the Court in withdrawing the affidavit that contained erroneous information.

[8]  In the circumstances, there is no evidence of a reviewable error to justify the intervention of the Court and the application for judicial review is dismissed, there is no question for certification arising.


JUDGMENT in IMM-6342-19

THIS COURT’S JUDGMENT is that the application for judicial review is dismissed; there is no question for certification arising.

“E. Heneghan”

Judge


FEDERAL COURT

SOLICITORS OF RECORD


DOCKET:

IMM-6342-19

 

STYLE OF CAUSE:

FENG WANG v. MINISTER OF CITIZENSHIP AND IMMIGRATION

HEARING HELD BY VIDEOCONFERENCE ON DECEMBER 7, 2020 FROM VANCOUVER, BRITISH COLUMBIA (COURT) (PARTIES)

JUDGMENT AND REASONS:

HENEGHAN J.

 

DATED:

December 7, 2020

 

APPEARANCES:

Shepherd Moss

For The applicant

Robert L. Gibson

For The respondent

SOLICITORS OF RECORD:

Chand and Company

Law Corporation

Vancouver, British Columbia

 

For The applicant

Attorney General of Canada

Vancouver, British Columbia

 

For The respondent

 

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