Date: 19990303
Docket: IMM-413-98
Toronto, Ontario, Wednesday the 3rd day of March, 1999
PRESENT: The Honourable Mr. Justice McKeown
BETWEEN:
FELIPE SOUNG MARTINEZ
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ORDER
The application for judicial review is dismissed.
"W.P. McKeown"
Judge
Date: 19990303
Docket: IMM-413-98
BETWEEN:
FELIPE SOUNG MARTINEZ
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
McKEOWN J.
1� The applicant had problems with translation at his interview with the visa officer due to 3 languages involved and 2 interpreters. However, he made no objection to continuing the interview. An objection to a breach of natural justice must be made at the time. This case is distinguished from Xie v. Canada (Minister of Employment & Immigration) 1990 10 Imm. L.R. (2d) 284 since no objection was made and this was an administrative hearing not a quasi judicial hearing. The visa Officer had no reason to believe he was not reviewing the proper information.
2� There is no evidence in the record as to how the applicant's net worth increased from $20,000 in 1986 to $1,200,000.00. His company generated $12,000 to $15,000 a year profit. This cannot produce that sort of increase in net worth. He referred to other personal businesses but the visa officer could not find credible his responses regarding the personal finances and the applicant was unable and unwilling to clarify then or provide additional information.
3� The findings relating to Arturo Young Chen are not relevant to the result herein.
"W.P. McKeown"
Judge
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO:IMM-413-98
STYLE OF CAUSE:FELIPE SOUNG MARTINEZ
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
DATE OF HEARING:WEDNESDAY, MARCH 3, 1999
PLACE OF HEARING:TORONTO, ONTARIO
REASONS FOR ORDER BY:McKEOWN J.
DATED: WEDNESDAY, MARCH 3, 1999
APPEARANCES: Mr. David Bruner and
Mr. Robert Mark
For the Applicant
Mr. Michael Beggs
For the Respondent
SOLICITORS OF RECORD:Hoppe Bruner
Barristers & Solicitors
25 Isabella Street
Toronto, Ontario
M4Y 1M7
Robert Mark
Barrister & Solicitor
438 University Avenue
Suite 203, Box 38
Toronto, Ontario
M5G 2K8
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19990303
Docket: IMM-413-98
Between:
FELIPE SOUNG MARTINEZ
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER