Digests

Sharma v. Canada (Minister of Citizenship and Immigration)

IMM-388-01

2002 FCT 906, Rothstein J.A. (ex officio)

23/8/02

4 pp.

Judicial review of visa officer's finding applicant not "dependent daughter" as defined in Immigration Regulations, 1978, s. 2(1)--Applicant, age 24, enrolled and in attendance as full-time student--Failed Plus 2 (grade 12) twice (1995, 1996), passed computer course (1997-1998), cleared cutting and tailoring course (1999), failing Plus 2 third time (2000), and in year of interview repeating Plus 2 for fourth time-- Visa officer holding not meeting qualitative aspects of being full-time regular student, not "dependent daughter"--Sandhu v. Canada (Minister of Citizenship and Immigration), [2002] 3 F.C. 280 (C.A.) holding education qualification for being "dependent son" (or daughter) whether individual enrolled and in attendance as full-time student in educational program in genuine, meaningful, bona fide respect--Factors to be considered including record of attendance, grades obtained, whether student can discuss subjects studied in at least rudimentary fashion, whether student progressing satisfactorily, whether student made genuine, meaningful effort to assimilate knowledge in courses being studied-- Policy objective underlying recognition of dependants for immigration purposes arising from value Canadian society placing on higher education--Objective not accomplished if student making no effort to study, understand courses-- Accordingly appropriate to consider whether, in reality, student making effort to study, understand courses in which enrolled--On facts herein, not unreasonable to hold applicant not enrolled and in attendance in genuine, meaningful and bona fide respect--Application dismissed--Immigration Regulations, 1978, SOR/78-172, s. 2(1), "dependent daughter" (as enacted by SOR/92-101, s. 1).