Canada (Minister Of Citizenship And Immigration) v. Chou
Court headnote
Canada (Minister Of Citizenship And Immigration) v. Chou Court (s) Database Federal Court of Appeal Decisions Date 2001-10-11 Neutral citation 2001 FCA 299 File numbers A-288-00 Notes Digest Decision Content Date: 20011011 Docket: A-288-00 Neutral citation: 2001 FCA 299 CORAM: LINDEN J.A. NOËL J.A. MALONE J.A. BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Appellant - and - SHOU PING CHOU Respondent Heard at Toronto, Ontario, Thursday, October 11, 2001 Judgment delivered from the Bench at Toronto, Ontario, on Thursday, October 11, 2001 REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A. Date: 20011011 Docket: A-288-00 Neutral citation: 2001 FCA 299 CORAM: LINDEN J.A. NOËL J.A. MALONE J.A. BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Appellant - and - SHOU PING CHOU Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Thursday, October 11, 2001) LINDEN J.A. This appeal is brought by reference to the following certified question: Are a visa officer's notes concerning an interview with an applicant, as entered in CAIPs, evidence of what took place at the interview, in the absence of an affidavit from the visa officer attesting to the truth of what he or she recorded as having been said at the interview? In our view, this question must be answered in the negative. The Motions Judge acknowledged that the notes are part of the record as the reasons for the decision under review. However, she held that they are not evidence of wha…
Read full judgment
Canada (Minister Of Citizenship And Immigration) v. Chou Court (s) Database Federal Court of Appeal Decisions Date 2001-10-11 Neutral citation 2001 FCA 299 File numbers A-288-00 Notes Digest Decision Content Date: 20011011 Docket: A-288-00 Neutral citation: 2001 FCA 299 CORAM: LINDEN J.A. NOËL J.A. MALONE J.A. BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Appellant - and - SHOU PING CHOU Respondent Heard at Toronto, Ontario, Thursday, October 11, 2001 Judgment delivered from the Bench at Toronto, Ontario, on Thursday, October 11, 2001 REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A. Date: 20011011 Docket: A-288-00 Neutral citation: 2001 FCA 299 CORAM: LINDEN J.A. NOËL J.A. MALONE J.A. BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Appellant - and - SHOU PING CHOU Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Thursday, October 11, 2001) LINDEN J.A. This appeal is brought by reference to the following certified question: Are a visa officer's notes concerning an interview with an applicant, as entered in CAIPs, evidence of what took place at the interview, in the absence of an affidavit from the visa officer attesting to the truth of what he or she recorded as having been said at the interview? In our view, this question must be answered in the negative. The Motions Judge acknowledged that the notes are part of the record as the reasons for the decision under review. However, she held that they are not evidence of what took place at the interview. In reaching this conclusion, she relied on the decision of this Court in Wang v. Minister of Employment and Immigration, [1991] 2 F.C. 165 (C.A.) where it was held that a decision of a visa officer is evidence of the decision made and the reasons therefor but does not establish the truth of the underlying facts. In our view, the Wang decision is dispositive of the matter. The appeal will be dismissed with costs in favour of the Respondent. "A. M. Linden" J.A. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-288-00 STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Appellant - and - SHOU PING CHOU Respondent DATE OF HEARING: THURSDAY, OCTOBER 11, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A. DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON THURSDAY, OCTOBER 11, 2001. APPEARANCES BY: John Loncar, and Negar Hashemi For the Appellant Mary Lam For the Respondent SOLICITORS OF RECORD: Morris Rosenberg Deputy Attorney General of Canada For the Appellant Mary Lam Barrister & Solicitor 206 Bloor Street West Suite 3 Toronto, Ontario M5S 1T8 For the Respondent FEDERAL COURT OF APPEAL Date: 20011011 Docket: A-288-00 BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Appellant - and - SHOU PING CHOU Respondent REASONS FOR JUDGMENT OF THE COURT
Source: decisions.fca-caf.gc.ca