Date: 20040506
Docket: IMM-315-03
Citation: 2004 FC 668
Toronto, Ontario, May 6th, 2004
Present: The Honourable Mr. Justice Campbell
BETWEEN:
LIANG WANG
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] In the present case, the Applicant applied for a student visa to study in Canada. On the face of the record before the Visa Officer, I am satisfied that there is no obvious reason to doubt the Applicant's bona fides. However, I think it is fair to say that, in refusing the application, the Visa Officer held an unarticulated suspicion about the Applicant's intentions.
[2] It is agreed that the standard of review is reasonableness. I find it is unfair and unreasonable to reject the Applicant's application without giving a cogent reason. The reason provided by the Visa Officer is that the Applicant's study plan is vague.
[3] Each case turns on its own merits. In this case I find there is no cogent reason for the rejection and, as a result, I find the decision is unreasonable.
ORDER
THIS COURT ORDERS that
Accordingly, I set aside the Visa Officer's decision and refer this matter to a different visa officer for re-determination.
"Douglas R. Campbell"
J.F.C.
FEDERAL COURT
Name of Counsel and Solicitors of Record
DOCKET: IMM-315-03
STYLE OF CAUSE: LIANG WANG
Applicant
and
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
DATE OF HEARING: MAY 6, 2004
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: MAY 6, 2004
APPEARANCES BY:
Mr. Cecil L. Rotenberg, Q.C.
FOR THE APPLICANT
Mr. Jamie R. D. Todd
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Mr. Cecil L. Rotenberg, Q.C.
Barristers & Solicitors
Toronto, Ontario
FOR THE APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada
Toronto, Ontario
FOR THE RESPONDENT
FEDERAL COURT
Date: 20040506
Docket: IMM-315-03
BETWEEN:
LIANG WANG
Applicant
and
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER