Citizenship and Immigration
Exclusion and Removal
Judicial review of visa officer’s decision not to issue work permit on ground insufficient ties to motivate return to China—Officer’s brief notes to Computer Assisted Immigration Processing System (CAIPS) constituting reasons for refusal—Visa officer ignoring or failing to mention information indicating family members in China, employment offer on return to China—Officer filing affidavit asserting he reviewed all material and evidence before him—Minister cannot rely on affidavit as new evidence, to change, explain or add to refusal letter and CAIPS notes—Attempt by officer to pull himself up by the bootstraps where notes deficient or too summary—If knowledge of savings, finding applicants not having assets in China unreasonable, perverse—Application allowed.
Huang v. Canada (Minister of Citizenship and Immigration) (IMM-3631-08, 2009 FC 135, Zinn J., judgment dated February 10, 2009, 9 pp.)