Wang v. Canada (Citizenship and Immigration)

Wang v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2020-12-07
Neutral citation
2020 FC 1129
File numbers
IMM-6342-19
Decision Content
Date: 20201207
Docket: IMM-6342-19
Citation: 2020 FC 1129
Vancouver, British Columbia, December 7, 2020
PRESENT: The Honourable Madam Justice Heneghan
BETWEEN:
FENG WANG
Applicant
and
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
JUDGMENT AND REASONS
[1] Mr. Feng Wang (the “Applicant”) seeks judicial review of the decision of an Immigration Officer (the “Officer”) refusing his application for an extension of his Temporary Resident Permit (“the TRP”) that was issued pursuant to subsection 24(1) of the Immigration and Refugee Protection Act, S.C. 2001, c.27 (the “Act”).
[2] The application for the TRP contained in the Certified Tribunal Record (“CTR”) is not the same as the TRP extension application attached to the affidavit of Soyeum Park, Immigration Consultant, which affidavit was filed as part of the Applicant’s Application Record.
[3] At the hearing of the application for judicial review, Counsel for the Applicant advised that he was withdrawing this affidavit because it is not correct.
[4] Counsel for the Applicant also advised the Court that he had been unable to get instructions from his client so was not in a position where he could withdraw or discontinue the application for judicial review.
[5] Counsel for the Applicant further advised that he had no further submissions.
[6] Counsel for the Minister of Citizenship and Immigration (the “Respondent”) was heard.
[7] In reply to a question from the Court, Counsel for the Applicant advised that he was acting in his capacity as an officer of the Court in withdrawing the affidavit that contained erroneous information.
[8] In the circumstances, there is no evidence of a reviewable error to justify the intervention of the Court and the application for judicial review is dismissed, there is no question for certification arising.
JUDGMENT in IMM-6342-19
THIS COURT’S JUDGMENT is that the application for judicial review is dismissed; there is no question for certification arising.
“E. Heneghan”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET:
IMM-6342-19
STYLE OF CAUSE:
FENG WANG v. MINISTER OF CITIZENSHIP AND IMMIGRATION
HEARING HELD BY VIDEOCONFERENCE ON DECEMBER 7, 2020 FROM VANCOUVER, BRITISH COLUMBIA (COURT) (PARTIES)
JUDGMENT AND REASONS:
HENEGHAN J.
DATED:
December 7, 2020
APPEARANCES:
Shepherd Moss
For The applicant
Robert L. Gibson
For The respondent
SOLICITORS OF RECORD:
Chand and Company
Law Corporation
Vancouver, British Columbia
For The applicant
Attorney General of Canada
Vancouver, British Columbia
For The respondent