Federal Court Decisions

Decision Information

Decision Content

Date: 20011030

Docket: IMM-5781-99

Neutral citation: 2001 FCT 1178

BETWEEN:

QUANG MINH BUI

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR ORDER

SIMPSON J.

[1]    This application for judicial review concerns a visa officer's decision of October 22nd, 1999 in which he denied the applicant's application for permanent residence in Canada.


[2]    The applicant had applied at age 24 as a dependent son of his mother. The issue, therefore, was whether he was able to satisfy the visa officer that he had been a full time student from the date on which he turned 19 until the date of his application. The visa officer was not satisfied about the applicant's student status and his application was rejected.

[3]    In cross-examination on the statutory declaration made for this application for judicial review, the visa officer admitted that, although he did not recall which standard of proof he had applied in his analysis of the applicant's application, it was his practice in all cases to "conflate" or "mix" the civil and criminal standards of proof.

[4]    Based on this evidence, I am satisfied that a material error of law was committed in the visa officer's analysis of the evidence in this case in that a standard of proof that was too rigorous was applied.

[5]    Accordingly, an order will be made sending this matter back for redetermination by a different visa officer who is to assess the matter using the balance of probabilities as the standard of proof.

"Sandra J. Simpson"

                                                                                                      J.F.C.C.                         

Toronto, Ontario


October 30, 2001


FEDERAL COURT OF CANADA

Names of Counsel and Solicitors of Record

COURT NO:                                                        IMM-5781-99

STYLE OF CAUSE:                                            QUANG MINH BUI

Applicant

- and -

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

                                                                                                 Respondent

DATE OF HEARING:                           TUESDAY, OCTOBER 30, 2001

PLACE OF HEARING:                                      TORONTO, ONTARIO

REASONS FOR ORDER BY:                         SIMPSON J.

DATED:                                                                TUESDAY, OCTOBER 30, 2001

APPEARANCES BY:                                       Cecil L. Rotenberg

For the Applicant

Cheryl D. Mitchell

                                                         

For the Respondent

SOLICITORS OF RECORD:                        Cecil L. Rotenberg, Q.C.

Barristers & Solicitors

255 Duncan Mill Road

Suite 808

Don Mills, Ontario

M3B 3H9

For the Applicant

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent


FEDERAL COURT OF CANADA

Date: 20011030

                                                              Docket: IMM-5781-99

Between:

QUANG MINH BUI

Applicant

- and -

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

                                                                                               Respondent

                                                   

REASONS FOR ORDER

                                                   

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