Date: 19980727
Docket: IMM-5161-97
BETWEEN:
CHOR HUNG PETER CHOW
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL, J.:
[1] Respecting the applicant's arrival in Canada from Hong Kong on November 21, 1997, according to the Immigration Officer who interviewed him as evidenced in her affidavit of June 2, 1998 filed herein, I find the Immigration Officer made a decision under s. 24(1)(a) of the Immigration Act as set out in paragraph 5 of the affidavit as follows:
| I determined the Applicant had lost his status as he had been outside of Canada for more than the one hundred and eighty-three days in any one twelve month period pursuant to section 24(2) of the Immigration Act, R.S.C., 1985, C.I-2. |
[2] I find that this decision was made in reviewable error of fact and law because it was made without regard to the applicant's statements respecting his intention for being outside Canada.
[3] Accordingly, the matter is referred to another Immigration Officer for redetermination with the direction that all the criteria in s. 24(1)(a) be investigated.
"Douglas R. Campbell"
Judge
Toronto, Ontario
July 27, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-5161-97
| STYLE OF CAUSE: CHOR HUNG PETER CHOW |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: JULY 24, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: CAMPBELL, J.
DATED: JULY 27, 1998
APPEARANCES:
Mr. Lorne Waldman
For the Applicant
Mr. Marcel Larouche
For the Respondent
SOLICITORS OF RECORD:
Jackman, Waldman & Associates
Barristers & Solicitors
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980727
Docket: IMM-5161-97
Between:
| CHOR HUNG PETER CHOW |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER