CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Ching v. Canada (Minister of Citizenship and Immigration)
IMM-3096-02
2003 FC 1090, O'Keefe J.
24/9/03
13 pp.
Judicial review of visa officer's decision at Canadian Consulate General in Hong Kong refusing application for permanent residence in Canada as provincial nominee-- Applicant citizen of Taiwan and applied for nomination under Newfoundland and Labrador Provincial Nominee Program-- On August 31, 2001, province issued provincial nominee certificate to applicant--Whether respondent had jurisdiction to assess applicant's selection criteria relating to financial affairs, including his source of funds--Applicant submitted visa officer did not have jurisdiction to consider his financial affairs, including source of his personal funds, as factor of assessment--Federal Court of Appeal rejected similar argument in Biao v. Canada (Minister of Citizenship and Immigration) (2001), 212 F.T.R. 317--Biaostands for proposition that under Canada-Québec Accord, provincial authorities may examine source of applicant's funds for purpose of selection and federal immigration authorities may examine source of applicant's funds for purpose of determining admissibility--Based on similarity of language found in Canada-Québec Accord, as analysed in Biao and Canada-Newfoundland and Labrador Agreement at issue, visa officer had jurisdiction to assess source of applicant's funds-- Whether respondent exercised powers correctly or not--No evidence funds raised or accumulated illegally--Difference between lack of documentation for accumulation of funds and funds being raised illegally or not accumulated legally--Visa officer did not state that she did not believe applicant's explanation but instead concluded funds were not accumulated legally--Visa officer must deal with explanation offered by applicant and either accept or reject explanations--Thus, visa officer made reviewable error--Judicial review allowed-- Canada-Newfoundland and Labrador Agreement on Provincial Nominees. Citizenship and Immigration Canada, September 1, 1999.