CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Lin v. Canada (Minister of Citizenship and Immigration)
IMM-1883-00
Tremblay-Lamer J.
2/11/00
5 pp.
Application for judicial review of visa officer's decision refusing applicant's request for permanent residency in Canada--Applicant, domiciled and residing in People's Republic of China, filed application for immigrant's visa for Canada under Immigration Act, s. 9(1)--Application for residence refused by visa officer as applicant had not obtained sufficient number of assessment points--Applicant's affidavit not contradicted by respondent, who did not submit any affidavit by visa officer explaining how interview proceeded--Applicant's evidence shows that reasonable person would conclude visa officer's conduct sufficient cause for reasonable apprehension of bias--Interview must be significant--Requires officer provide applicant with genuine opportunity to be heard--Must be sufficiently complete to enable applicant to present reasons why will be able to settle successfully in Canada--Visa officer's conduct adversely affected atmosphere that must exist for applicant to attempt to prove meets prescribed criteria--Application allowed--Immigration Act, R.S.C., 1985, c. I-2, s. 9 (am. by S.C. 1992, c. 49, s. 4).