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Decision Information

Decision Content

CITIZENSHIP AND IMMIGRATION

Status in Canada

Permanent Residents

Bui v. Canada (Minister of Citizenship and Immigration)

IMM-5781-99

2001 FCT 1178, Simpson J.

30/10/01

2 pp.

Application for judicial review of visa officer's decision denying applicant's application for permanent residence in Canada--Applicant applied at age 24 as dependent son of mother--Whether applicant able to satisfy visa officer that full-time student from date on which he turned 19 until date of application--Visa officer not satisfied about applicant's student status, rejected application--Material error of law committed in visa officer's analysis of evidence--Standard of proof applied too rigorous--Matter referred back to different visa officer using balance of probabilities as standard of proof

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