Digests

Lan v. Canada (Minister of Citizenship and Immigration)

IMM-4532-03

2004 FC 770, Rouleau J.

27/5/04

8 pp.

Judicial review of decision by visa officer dismissing applicant's application for permanent residence in "immigrant investor" class--On April 2, 2003, officer dismissed application because applicant did not comply with Immigration and Refugee Protection Act, s. 16(1)--Visa officer not persuaded applicant's funds came from legal, legitimate sources--Officer determined applicant's failure made her inadmissible to Canada--In order to allow visa application, visa officer must be convinced prospective immigrant not inadmissible to Canada--In order for default to provide documents to justify refusal to issue visa, documents must be relevant in light of circumstances of file under review --Whether relevant to require documentary evidence of revenues earned by applicant between 1984 and 1989--Value of applicant's shares in applicant's company, making up majority of assets declared on permanent residence application, established by company's financial statements dating from 1996--Possible to determine based on documents applicant's current assets, primarily accumulated in recent years, obtained legally and legitimately--Approach advocated by visa officer not correct as placing too heavy burden on applicant--Visa officer erred in basing decision refusing application solely on applicant's inability to provide documents from over 15 years ago and not really relevant to application for permanent residence--Application allowed-- Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 16(1).