Date: 20000817
Docket: IMM-3225-99
BETWEEN:
WO QUAN CHEN
XIAN KANG CHEN
Applicants
-and-
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
(Delivered from the Bench at
Toronto, Ontario, August 17, 2000)
HANSEN J.
[1] In this matter, documents provided by the applicant to the visa officer which are directly relevant to a determination of the issues before Court have been destroyed pursuant to the Respondent"s "thin file policy".
ORDER
[2] Under these circumstances, it is hereby ordered that the application for judicial review is allowed and the matter is remitted back for redetermination by a different visa officer.
"Dolores M. Hansen"
J.F.C.C.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| DOCKET: IMM-3225-99 |
| STYLE OF CAUSE: WO QUAN CHEN |
XIAN KANG CHEN
- and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
DATE OF HEARING: THURSDAY, AUGUST 17, 2000
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
| AND ORDER BY: HANSEN J. |
Delivered at Toronto, Ontario on Thursday, August 17, 2000
APPEARANCES: Mr. Nkunda I. Kabateraine
| For the Applicant |
Mr. Jeremiah Eastman
| For the Respondent |
| SOLICITORS OF RECORD: Mr. Nkunda I. Kabateraine |
Barrister and Solicitor
607 Gerard Street East
Suite 403
Toronto, Ontario
M4M 1Y2
| For the Applicant |
| Morris Rosenberg |
| Deputy Attorney General of Canada |
| For the Respondent |
FEDERAL COURT OF CANADA
Date: 20000817
Docket: IMM-3225-99
BETWEEN:
| WO QUAN CHEN |
XIAN KANG CHEN
Applicants
- and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
| REASONS FOR ORDER |
AND ORDER