CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Chen v. Canada (Minister of Citizenship and Immigration)
IMM-470-99
Sharlow J.A.
29/8/00
6 pp.
Application for judicial review of visa officer's decision applicant not "dependent daugther" within meaning of Immigration Regulations, 1978, s. 2(1)--Whether, at relevant time, applicant "in attendance" as full-time student in academic, professional, vocational program at university, college, other educational institution--Issue arising in part because of conflicting decisions in F.C.T.D.--Notion of "qualitative" assessment of attendance adopted by Gibson J. in Khaira v. Canada (Minister of Citizenship and Immigration) (1996), 35 Imm. L.R. (2d) 257 (F.C.T.D.) and in Malkana v. Canada (Minister of Citizenship and Immigration), [1996] F.C.J. No. 1659 (T.D.) (Q.L.)--Visa officer must consider credibility of applicant who claims to be enrolled, in attendance as full-time student--"Attendance" necessarily implies physical, mental presence--Visa officer alone must assess credibility of applicant, weight to be given to evidence adduced on applicant's behalf--Visa officer's decision on issue of applicant's lack of knowledge of English not reasonable--Inconsistencies between visa officer's refusal letter and CAIPS notes unexplained--Visa officer's decision on factual issues not reasonably supported by evidence--Application allowed--Immigration Regulations, SOR/78-172, s. 2(1) (as am. by SOR/92-101, s. 1) "dependent daughter".