Chan v. Canada ( Minister of Citizenship and Immigration )
IMM-2624-95
Rouleau J.
12/10/95
5 pp.
Judicial review of adjudicator's decision applicant person described in Immigration Act, s. 27(2)(g) as entered Canada by reason of misrepresentation of material fact-Applicant, daughter born in People's Republic of China-Joining husband in Brazil in 1990-Husband dying in 1992-In 1993 obtaining two-day transit visa to enter Canada as part of trip to China-Daughter becoming ill on plane between Toronto and Vancouver-Unable to travel-Applicant obtaining four-week visitor's visa, during which time married Canadian citizen-Applied for landing from within-Application for temporary admission to Canada providing series of responses to question concerning present marital status including "married", "widow"-Application form marked "married"-Applicant explaining in her culture considered herself married, and not personally completing form-Application allowed-Applicant not attempting to obtain visa through fraud, improper means or misrepresentation of material fact-Unaware misrepresenting facts to enter Canada by dishonest means as no idea would stay in Canada when applied-Not material omission precluding obtaining either transit or visitor's visa-Immigration Act, R.S.C., 1985, c. I-2, s. 27(2)(g).