CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Persons with Temporary Status |
Moghaddam v. Canada (Minister of Citizenship and Immigration)
IMM-2096-03
2004 FC 680, Heneghan J.
10/5/04
5 pp.
Judicial review of Visa Officer's refusal of applicant's request for Canadian study permit--Applicant, citizen of Iran, applied for Canadian study permit to allow her to pursue university studies at St. Francis Xavier University in Antigonish, Nova Scotia--Refusal based on weak ties of applicant with family in Iran--Visa Officer also considered outstanding application by applicant's family for permanent residence in Canada in which she was named as dependant-- That application not before Visa Officer for decision and irrelevant to matter of application for student visa--While mandated to assess intention to leave Canada at end of studies, issue of dual intent arose only in relation to family's application, not forming part of record before Visa Officer-- By referring to that independent application, Visa Officer may have relied on extraneous considerations--Application allowed.