[2012] 3 F.C.R. D-3
Citizenship and Immigration
Status in Canada
Permanent Residents
Judicial review of Immigration and Refugee Board Immigration Appeal Division (IAD) decision dismissing appeal from visa officer’s decision refusing applicant’s request to sponsor ten other family members—Application for sponsorship submitted in 2005 but failed since applicant’s income falling short of minimum necessary income (MNI)— However, visa officer’s decision later appealed after applicant’s co-signor husband apparently earning higher income—IAD sustaining officer’s decision since applicant not meeting MNI requirement as prescribed under Immigration and Refugee Protection Regulations, SOR/2002-227, s. 133(1)(j)(i)—In determining whether to grant discretionary relief, IAD concerned about veracity of applicant’s income from self-employment as reported in 2010 notice of assessment—Whether, in exercise of discretion, IAD erring in law when rejecting applicant’s self-reported income as appearing on 2010 notice of assessment—Under Regulations, s. 134, notice of assessment determinative in finding whether MNI met—S. 134 neither prescribing nor prohibiting inquiry into veracity of data in documents supplied pursuant to s. 134(1) but authority to do so arising from IAD’s basic jurisdiction to grant special or discretionary relief—Therefore, as consequence of discretionary power to consider whether grounds of inadmissibility have been overcome, whether special relief should be granted, IAD having authority to require evidence corroborative of income reported in notice of assessment—IAD permitted to question accuracy, veracity of certain financial documents submitted in support of sponsorship application, to assign relative, proportionate evidentiary weight thereto—Interpretation of scope of IAD’s jurisdiction consistent with objective of Regulations as whole—Regulations designed to ensure that individuals sponsored to come to Canada can be provided for; that integrity of sponsorship provisions in Immigration and Refugee Protection Act, S.C. 2001, c. 27 not eroded through inaccurate statements of income, whether deliberate or accidental—Application dismissed.
Motala v. Canada (Citizenship and Immigration) (IMM-3732-11, 2012 FC 123, Rennie J., judgment dated February 1, 2012, 13 pp.)