Wang v. Canada (Minister of Citizenship and Immigration)
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Wang v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-05-06 Neutral citation 2004 FC 668 File numbers IMM-315-03 Decision Content Date: 20040506 Docket: IMM-315-03 Citation: 2004 FC 668 Toronto, Ontario, May 6th, 2004 Present: The Honourable Mr. Justice Campbell BETWEEN: LIANG WANG Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the Applicant applied for a student visa to study in Canada. On the face of the record before the Visa Officer, I am satisfied that there is no obvious reason to doubt the Applicant's bona fides. However, I think it is fair to say that, in refusing the application, the Visa Officer held an unarticulated suspicion about the Applicant's intentions. [2] It is agreed that the standard of review is reasonableness. I find it is unfair and unreasonable to reject the Applicant's application without giving a cogent reason. The reason provided by the Visa Officer is that the Applicant's study plan is vague. [3] Each case turns on its own merits. In this case I find there is no cogent reason for the rejection and, as a result, I find the decision is unreasonable. ORDER THIS COURT ORDERS that Accordingly, I set aside the Visa Officer's decision and refer this matter to a different visa officer for re-determination. "Douglas R. Campbell" J.F.C. FEDERAL COURT Name of Counsel and Solicitors of Record DOCKET: IMM-315-03 STYLE OF CAUSE: LIA…
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Wang v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-05-06 Neutral citation 2004 FC 668 File numbers IMM-315-03 Decision Content Date: 20040506 Docket: IMM-315-03 Citation: 2004 FC 668 Toronto, Ontario, May 6th, 2004 Present: The Honourable Mr. Justice Campbell BETWEEN: LIANG WANG Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the Applicant applied for a student visa to study in Canada. On the face of the record before the Visa Officer, I am satisfied that there is no obvious reason to doubt the Applicant's bona fides. However, I think it is fair to say that, in refusing the application, the Visa Officer held an unarticulated suspicion about the Applicant's intentions. [2] It is agreed that the standard of review is reasonableness. I find it is unfair and unreasonable to reject the Applicant's application without giving a cogent reason. The reason provided by the Visa Officer is that the Applicant's study plan is vague. [3] Each case turns on its own merits. In this case I find there is no cogent reason for the rejection and, as a result, I find the decision is unreasonable. ORDER THIS COURT ORDERS that Accordingly, I set aside the Visa Officer's decision and refer this matter to a different visa officer for re-determination. "Douglas R. Campbell" J.F.C. FEDERAL COURT Name of Counsel and Solicitors of Record DOCKET: IMM-315-03 STYLE OF CAUSE: LIANG WANG Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent DATE OF HEARING: MAY 6, 2004 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR ORDER AND ORDER BY: CAMPBELL J. DATED: MAY 6, 2004 APPEARANCES BY: Mr. Cecil L. Rotenberg, Q.C. FOR THE APPLICANT Mr. Jamie R. D. Todd FOR THE RESPONDENT SOLICITORS OF RECORD: Mr. Cecil L. Rotenberg, Q.C. Barristers & Solicitors Toronto, Ontario FOR THE APPLICANT Morris Rosenberg Deputy Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT FEDERAL COURT Date: 20040506 Docket: IMM-315-03 BETWEEN: LIANG WANG Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca