Bui v. Canada (Minister of Citizenship and Immigration)
Court headnote
Bui v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-10-30 Neutral citation 2001 FCT 1178 File numbers IMM-5781-99 Notes Digest Decision Content Date: 20011030 Docket: IMM-5781-99 Neutral citation: 2001 FCT 1178 BETWEEN: QUANG MINH BUI Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER SIMPSON J. [1] This application for judicial review concerns a visa officer's decision of October 22nd, 1999 in which he denied the applicant's application for permanent residence in Canada. [2] The applicant had applied at age 24 as a dependent son of his mother. The issue, therefore, was whether he was able to satisfy the visa officer that he had been a full time student from the date on which he turned 19 until the date of his application. The visa officer was not satisfied about the applicant's student status and his application was rejected. [3] In cross-examination on the statutory declaration made for this application for judicial review, the visa officer admitted that, although he did not recall which standard of proof he had applied in his analysis of the applicant's application, it was his practice in all cases to "conflate" or "mix" the civil and criminal standards of proof. [4] Based on this evidence, I am satisfied that a material error of law was committed in the visa officer's analysis of the evidence in this case in that a standard of proof that was too rigorous was applied. [5] Accor…
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Bui v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-10-30 Neutral citation 2001 FCT 1178 File numbers IMM-5781-99 Notes Digest Decision Content Date: 20011030 Docket: IMM-5781-99 Neutral citation: 2001 FCT 1178 BETWEEN: QUANG MINH BUI Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER SIMPSON J. [1] This application for judicial review concerns a visa officer's decision of October 22nd, 1999 in which he denied the applicant's application for permanent residence in Canada. [2] The applicant had applied at age 24 as a dependent son of his mother. The issue, therefore, was whether he was able to satisfy the visa officer that he had been a full time student from the date on which he turned 19 until the date of his application. The visa officer was not satisfied about the applicant's student status and his application was rejected. [3] In cross-examination on the statutory declaration made for this application for judicial review, the visa officer admitted that, although he did not recall which standard of proof he had applied in his analysis of the applicant's application, it was his practice in all cases to "conflate" or "mix" the civil and criminal standards of proof. [4] Based on this evidence, I am satisfied that a material error of law was committed in the visa officer's analysis of the evidence in this case in that a standard of proof that was too rigorous was applied. [5] Accordingly, an order will be made sending this matter back for redetermination by a different visa officer who is to assess the matter using the balance of probabilities as the standard of proof. "Sandra J. Simpson" J.F.C.C. Toronto, Ontario October 30, 2001 FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record COURT NO: IMM-5781-99 STYLE OF CAUSE: QUANG MINH BUI Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent DATE OF HEARING: TUESDAY, OCTOBER 30, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR ORDER BY: SIMPSON J. DATED: TUESDAY, OCTOBER 30, 2001 APPEARANCES BY: Cecil L. Rotenberg For the Applicant Cheryl D. Mitchell For the Respondent SOLICITORS OF RECORD: Cecil L. Rotenberg, Q.C. Barristers & Solicitors 255 Duncan Mill Road Suite 808 Don Mills, Ontario M3B 3H9 For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA Date: 20011030 Docket: IMM-5781-99 Between: QUANG MINH BUI Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER
Source: decisions.fct-cf.gc.ca