Date: 20010925
Docket: IMM-3936-00
Neutral citation: 2001 FCT 1048
BETWEEN:
ZHI JIANG WANG
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
[1] The Applicant in the present case challenges the decision of a Visa Officer who refused his Employment Authorization application.
[2] The Applicant is a certified Chinese Cook who was invited to come to Canada to assist his brother and sister-in-law in expanding their Chinese restaurant menu. The Applicant's brother and sister-in-law arranged for him to receive an Employment Validation from the Human Resource Centre of Canada, whereupon he then applied for an Employment Authorization.
[3] The Applicant complied with all the application requirements. The Visa Officer reviewed the Applicant's documentation but refused the application without granting an interview. The refusal letter issued states that the Applicant failed to establish that his intentions were bona fide and temporary in nature; that is, he would leave Canada and not engage in unauthorized employment or attempt to remain in Canada permanently.
[4] The Visa Officer's CAIPS notes provide the reasons for the decision as follows:
Applicant is a 30 years old Cook from Shandong an economically depressed area of China. Cook is a very low paid profession in China. Applt has father, mother, brother and sister in Canada. I believe that applicant ties with China are very weak. I am not satisfied that applt has bf of temporary visitor in Canada. refused. (Tribunal Record, p. 14.)
[5] The decision was made despite the fact that the Applicant's Family Composition Information Form clearly states that the Applicant has a wife living in the region of Shandong, China.
[6] I find it is extremely important to note that the Applicant declared that he is married, however, the CAIPS notes of the paper screening of his application states him to be an "unmarried male". (Tribunal Record, p. 13.)
[7] On the whole of the evidence, I am left with a serious concern that the Applicant's application was not understood due to an important error in fact on the face of the tribunal record.
ORDER
[8] Accordingly, I set aside the Visa Officer's decision, and refer this matter to another Visa Officer for redetermination.
"Douglas R. Campbell"
JUDGE
Calgary, Alberta
September 25, 2001
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20010925
Docket: IMM-3936-00
BETWEEN:
ZHI JIANG WANG
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-3936-00
STYLE OF CAUSE: ZHI JIANG WANG v. THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: CALGARY, Alberta
DATE OF HEARING: September 25, 2001
REASONS FOR ORDER AND ORDER OF CAMPBELL, J.
DATED: September 25, 1001
APPEARANCES:
Mr. Peter Wong FOR APPLICANT
Ms. Tracy L. King FOR RESPONDENT
SOLICITORS OF RECORD:
Caron & Partners
Calgary, Alberta FOR APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada FOR RESPONDENT