Date: 19980714
Docket: IMM-2564-97
BETWEEN:
CHIEN - JUNG TING
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
McDONALD, J.A.
[1] The application for Judicial Review is dismissed. I have not been satisfied that the Visa Officer made any error that would warrant interference by this Court. Pursuant to subsection 9(1.2) the onus is on the person making an application for a visitor's visa to prove that he or she is not an immigrant. The applicant was found to be untruthful to the Visa Officer about being denied a previous visitor's visa and provided no explanation for this inconsistency after being offered the opportunity to explain her answer. Further, based on the applicant's answers to the Visa Officer's question with respect to her studies -- the Applicant admitted she was in Canada to take care of her brother, that she was taking ESL in order to get out of the house during the day and that she was in Canada to await the outcome of her parent's application for permanent residence in Canada -- it was open to the Visa Officer to draw the conclusion she did. While I might have come to a different conclusion this does not constitute a ground for allowing the application for judicial review.
[2] I am also satisfied that a reasonable person, viewing the matter realistically and practically and having thought the matter through, would not conclude that it was more likely than not that the Visa Officer consciously decided the applicant's visa application unfairly. There is nothing to indicate a reasonable apprehension of bias on behalf of the Visa Officer. I am also satisfied that there has been no breach of procedural fairness or natural justice. The application for judicial review is dismissed.
"F.J. McDonald"
J.A.
Toronto, Ontario
July 14, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2564-97
| STYLE OF CAUSE: CHIEN - JUNG TING |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: JULY 13, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: MCDONALD, J.A.
DATED: JULY 14, 1998
APPEARANCES:
Ms. Eva W.W. Mak
For the Applicant
Ms. Cheryl Mitchell
For the Respondent
SOLICITORS OF RECORD:
JIMMY K. SUN & PARTNERS
Barristers and Solicitors
Suite 401, 3650 Victoria Park Avenue
North York, Ontario
M2H 3P7
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980714
Docket: IMM-2564-97
Between:
| CHIEN - JUNG TING |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER