Huân v. Canada (Minister of Citizenship and Immigration), 2005 FC 1087

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2005 FC 1087

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Text of decision

Date: 20050812

Docket: IMM-103-05

Citation: 2005 FC 1087

BETWEEN:

NGUYEN Ngoc Huân

Applicant

- and -

MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

REASONS FOR ORDER

PINARD J.

[1] This is an application for judicial review of a decision by a visa officer (the officer) of the Canadian Consulate General in Buffalo, denying the applicant=s application for a permit to work in Canada.

[2] Ngoc Huân Nguyen (the applicant) is a citizen of Vietnam who requested that he be issued a permit to work in Canada. He had been staying in the country since March 2004 and his authorized stay was scheduled to end on June 30, 2005.

[3] The tribunal determined that the applicant had not satisfied it that he would leave Canada at the end of his authorized stay and determined that he was trying to live in Canada permanently.

[4] The relevant provision of the Immigration and Refugee Protection Regulations, SOR/2002-227 (the Regulations) is the following:

200. (1) Subject to subsections (2) and (3), an officer shall issue a work permit to a foreign national if, following an examination, it is established that

. . .

(b) the foreign national will leave Canada by the end of the period authorized for their stay under Division 2 of Part 9;

200. (1) Sous réserve des paragraphes (2) et (3), l'agent délivre un permis de travail à l'étranger si, à l'issue d'un contrôle, les éléments suivants sont établis:

[. . .]

b) il quittera le Canada à la fin de la période de séjour qui lui est applicable au titre de la section 2 de la partie 9;

[5] It is the applicant=s responsibility to establish that he is not inadmissible and that he meets the requirements of the Immigration and Refugee Protection Act, S.C. 2001, c. 27. Specifically, he must establish that he will leave Canada at the end of his stay, as provided under paragraph 200(1)(b) of the Regulations.

[6] In assessing the applicant=s file, the tribunal took into account the assets that he had in Vietnam. The notes in the Computer Assisted Immigration Processing System indicate that an import-export business was the only connection that the applicant had with his native country. The tribunal was of the opinion that because the applicant had left his business for nine months and decided to remain in Canada, there was no strong connection that would force him to return to Vietnam. In my view, it was clearly evidence tending to establish the absence of a significant connection with that country. Further, the applicant expressed a desire to remain in Canada with his children, which shows a strong connection with Canada.

[7] It was therefore not unreasonable for the tribunal to determine that the applicant had not persuaded it that he had strong ties with his native country and that he would leave Canada at the end of his stay.

[8] For all of these reasons, the application for judicial review is dismissed.

AYvon Pinard@

JUDGE

Certified true translation

Kelley A. Harvey, BCL, LLB

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET: IMM-103-05

STYLE OF CAUSE: NGUYEN Ngoc Huân v. MINISTER OF CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING: Montréal, Quebec

DATE OF HEARING: June 29, 2005

REASONS FOR ORDER: Pinard J.

DATE OF REASONS: August 12, 2005

APPEARANCES:

Tran Nguyen FOR THE APPLICANT

Ian Demers FOR THE RESPONDENT

SOLICITORS OF RECORD:

Tran Nguyen FOR THE APPLICANT

Montréal, Quebec

John H. Sims, Q.C. FOR THE RESPONDENT

Deputy Attorney General of Canada