Sullivan v. Canada (Minister of Citizenship and Immigration)
Court headnote
Sullivan v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-07-07 Neutral citation 2004 FC 967 File numbers IMM-4103-03 Decision Content Date: 20040707 Docket: IMM-4103-03 Citation: 2004 FC 967 Toronto, Ontario, July 7th, 2004 Present: The Honourable Mr. Justice Campbell BETWEEN: RICHARD SULLIVAN Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] The present case concerns an application to be granted landing from within Canada. On a finding that the Applicant's marriage was not bone fide, the Immigration Officer concerned denied the application. I find an error in fact was made on this central factual issue. [2] The Immigration Officer coined the courtship respecting the marriage as "brief", whereas the record clearly shows it was anything but. In addition, the reasons provided by the Immigration Officer show a misunderstanding of the evidence respecting the time and duration of contact between the Applicant and his wife prior to marriage. ORDER Accordingly, I set the Immigration Officer's decision aside and refer this matter to a different immigration officer for reconsideration. "Douglas R. Campbell" J.F.C. FEDERAL COURT Names of Counsel and Solicitors of Record DOCKET: IMM-4103-03 STYLE OF CAUSE: RICHARD SULLIVAN Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: JULY 7, 2004 REASONS FOR ORDER AND ORDE…
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Sullivan v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-07-07 Neutral citation 2004 FC 967 File numbers IMM-4103-03 Decision Content Date: 20040707 Docket: IMM-4103-03 Citation: 2004 FC 967 Toronto, Ontario, July 7th, 2004 Present: The Honourable Mr. Justice Campbell BETWEEN: RICHARD SULLIVAN Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] The present case concerns an application to be granted landing from within Canada. On a finding that the Applicant's marriage was not bone fide, the Immigration Officer concerned denied the application. I find an error in fact was made on this central factual issue. [2] The Immigration Officer coined the courtship respecting the marriage as "brief", whereas the record clearly shows it was anything but. In addition, the reasons provided by the Immigration Officer show a misunderstanding of the evidence respecting the time and duration of contact between the Applicant and his wife prior to marriage. ORDER Accordingly, I set the Immigration Officer's decision aside and refer this matter to a different immigration officer for reconsideration. "Douglas R. Campbell" J.F.C. FEDERAL COURT Names of Counsel and Solicitors of Record DOCKET: IMM-4103-03 STYLE OF CAUSE: RICHARD SULLIVAN Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: JULY 7, 2004 REASONS FOR ORDER AND ORDER BY: CAMPBELL J. DATED: JULY 7, 2004 APPEARANCES BY: Ms. Krassina Kostadinov FOR THE APPLICANT Ms. Rhonda Marquis FOR THE RESPONDENT SOLICITORS OF RECORD: Waldman and Associates Toronto, Ontario FOR THE APPLICANT Morris Rosenberg Deputy Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT FEDERAL COURT Date: 20040707 Docket: IMM-4103-03 BETWEEN: RICHARD SULLIVAN Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca