Date: 20011011
Docket: A-288-00
Neutral citation: 2001 FCA 299
CORAM: LINDEN J.A.
NOËL J.A.
MALONE J.A.
BETWEEN:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Appellant
- and -
SHOU PING CHOU
Respondent
Heard at Toronto, Ontario, Thursday, October 11, 2001
Judgment delivered from the Bench at Toronto,
Ontario, on Thursday, October 11, 2001
REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A.
Date: 20011011
Docket: A-288-00
Neutral citation: 2001 FCA 299
CORAM: LINDEN J.A.
NOËL J.A.
MALONE J.A.
BETWEEN:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Appellant
- and -
SHOU PING CHOU
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Thursday, October 11, 2001)
LINDEN J.A.
This appeal is brought by reference to the following certified question:
Are a visa officer's notes concerning an interview with an applicant, as entered in CAIPs, evidence of what took place at the interview, in the absence of an affidavit from the visa officer attesting to the truth of what he or she recorded as having been said at the interview?
In our view, this question must be answered in the negative. The Motions Judge acknowledged that the notes are part of the record as the reasons for the decision under review. However, she held that they are not evidence of what took place at the interview.
In reaching this conclusion, she relied on the decision of this Court in Wang v. Minister of Employment and Immigration, [1991] 2 F.C. 165 (C.A.) where it was held that a decision of a visa officer is evidence of the decision made and the reasons therefor but does not establish the truth of the underlying facts. In our view, the Wang decision is dispositive of the matter.
The appeal will be dismissed with costs in favour of the Respondent.
"A. M. Linden"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-288-00
STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Appellant
- and -
SHOU PING CHOU
Respondent
DATE OF HEARING: THURSDAY, OCTOBER 11, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: LINDEN J.A.
DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON THURSDAY, OCTOBER 11, 2001.
APPEARANCES BY: John Loncar, and
Negar Hashemi
For the Appellant
Mary Lam
For the Respondent
SOLICITORS OF RECORD: Morris Rosenberg
Deputy Attorney General of Canada
For the Appellant
Mary Lam
Barrister & Solicitor
206 Bloor Street West
Suite 3
Toronto, Ontario
M5S 1T8
For the Respondent
FEDERAL COURT OF APPEAL
Date: 20011011
Docket: A-288-00
BETWEEN:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Appellant
- and -
SHOU PING CHOU
Respondent
REASONS FOR JUDGMENT
OF THE COURT