CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Lu v. Canada (Minister of Citizenship and Immigration)
IMM-306-02
2004 FC 239, Martineau J.
16/2/04
10 pp.
Application for review of decision by visa officer refusing applicant's application for permanent residence under class of immigrant investors intending to reside in Quebec--Applicant citizen of People's Republic of China alleging visa officer had aggressive attitude and tone towards him--Applicant suggested that visa officer's doubts evidence of very widespread prejudice towards investor candidates from countries like China, where seems to be quite high incidence of administrative corruption--Applicant did not discharge burden of proving that visa officer did not fulfil duty of procedural fairness or that reasonable apprehension of bias existed--Despite visa officer's aggressive tone, "an informed person, viewing the matter realistically and practically--and having thought the matter through" (Committee for Justice and Liberty et al. v. National Energy Board et al., [1978] 1 S.C.R. 369), would conclude that, under circumstances of this case, such conduct does not give rise to reasonable apprehension of bias--Burden on applicant to prove that admission not contrary to applicable legislation--Visas issued by visa officer in so far as satisfied granting landing to applicant not contrary to applicable legislation--Applicant at liberty to present any additional documentary evidence before officer rendered decision--Applicant never asked visa officer for more time to provide additional documents--Visa officer did not, therefore, act unreasonably--Applicant also submitted that visa officer made erroneous findings of fact and that decision "unreasonable" because applicant provided all documentation available and gave reasonable explanations about past earnings and source of funds--Visa officer always has jurisdiction to ask visa applicant to provide supporting documents attesting to source of funds--Visa officer must be able to determine if visa applicant in fact admissible under applicable legislation--Decision to refuse application for permanent residence based on several contradictions, implausibilities and shortcomings noted in applicant's supporting documents concerning accumulation of fortune-- At time of application for judicial review, Court must determine whether decision reasonable given evidence before decision-maker--Inferences and findings of fact made by visa officer not capricious or arbitrary and reasoning justifiable under circumstances--Application dismissed.