Date:
20121204
Docket: IMM-1389-12
Citation: 2012 FC 1414
Ottawa, Ontario, December 4, 2012
PRESENT: The Honourable Mr. Justice
Zinn
BETWEEN:
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OLUWASEUN COMFORT OLORUNTOBA
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Applicant
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and
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THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
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Respondent
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REASONS FOR JUDGMENT AND JUDGMENT
[1]
The decision of a visa officer of the High Commission of Canada
in Lagos, Nigeria, dated December 3, 2011, refusing Ms. Oloruntoba’s
application for a study permit in Canada was unreasonable and
is set aside.
[2]
Ms. Oloruntoba is a citizen of Nigeria, and the daughter of a high-ranking officer of The Salvation Army. In early 2010,
Ms. Oloruntoba applied for acceptance into a Bachelor of Arts program in
English and film offered at The Salvation Army William and Catherine Booth
University College of Winnipeg, Manitoba (“Booth University College”). She was accepted, and subsequently applied for a study permit with the Canadian
visa office in Lagos, Nigeria.
[3]
In January 2011, her application was rejected. In
that decision, the visa officer’s reason for refusing the permit was that the officer
was not persuaded that Ms. Oloruntoba was a bona fide student.
[4]
In April 2011, the legal office of The Salvation
Army, Canada and Bermuda Territory, filed a second application with the
Canadian visa office in Lagos, Nigeria, on Ms. Oloruntoba’s behalf. This
application was supported by, among other things, letters from the President of
Booth University College, Mr. Donald Burke, and the Territorial Commander of
The Salvation Army, Canada and Bermuda Territory, Mr. William Francis.
[5]
Mr. Burke confirmed Ms. Oloruntoba’s admission
and that Booth University College evaluated Ms. Oloruntoba’s academic
performance (which he said did not raise any concerns for the admissions office),
her life experience, cultural background, language skills and interest in the
chosen field of study. Mr. Burke did not hesitate in saying that Ms.
Oloruntoba was a bona fide applicant for enrolment in the academic
program chosen.
[6]
Mr. Francis wrote, among other things, that Ms.
Oloruntoba was receiving a scholarship of $16,000 and a return ticket to Nigeria every year, and that “[t]o continue receiving the scholarship, [Ms. Oloruntoba] would have
to remain a student in good standing at Booth University College.” Mr. Francis
further stated that he was aware that Ms. Oloruntoba’s previous study permit
application had been denied, that he had “encouraged [her] to make another
study permit application,” and that he believed that she would “be a valuable
addition to the student body.”
[7]
This second application was again rejected. The
rejection letter provided to Ms. Oloruntoba was a form letter. The reasons
provided in that letter as to why her application was rejected were as follows:
[x] You have
not satisfied me that you would leave Canada at the end of your stay. In
reaching this decision, I considered several factors, including:
…
[x] Purpose
of Visit
[no
other factors checked]
[…]
[x] Other
reasons:
I AM NOT
SATISFIED YOU ARE A BONA FIDE STUDENT. NO EVIDENCE OF ACADEMICS SINCE 2006.
[8]
Following this application for leave and
judicial review, the respondent disclosed a one-page document which contains
the notes of several reviewing officers over the period June 30, 2011, to
December 3, 2011. The officer to first conduct a substantive review, on
October 20, 2011, recommended an internal review for bona fides because
Ms. Oloruntoba had been academically inactive for five years. On December 3,
2011, which represents the next and final entry, the following notes were made
by the officer:
“The Salvation Army
has provided a letter for the applicant in support of education due to her
father being posted to another country. So what happens when his posting ends
prior to her education? I believe the support will also terminate. It is
also evident that the medical condition of the applicant, although not
medically inadmissible, she is likely to remain in Canada should her condition
become worse, particularly if it effects her studies [sic]. The program
selected does not appear to be one that the applicant shows a history of
pursuit. In fact, there is no evidence of any academics since WEAC results
2006. She claims that since 2006 she has been studying on her own. No
evidence of any correspondence or distance learning. BF as a student is in
doubt. Should the applicant be allowed to enter Canada I have doubts she would
leave after an authorised stay. Refused. [emphasis added]
[9]
The officer ignored clear evidence addressing
Ms. Oloruntoba’s source of funding and the decision was therefore
unreasonable. As this was apparently a central reason for dismissing her
application for a study permit, notwithstanding the checked box on the form
letter, the decision must be quashed. The officer’s “belief” that support from
the scholarship would terminate upon the termination of Ms. Oloruntoba’s
father’s posting runs completely contrary to Mr. Francis’ letter. Either the
officer did not actually read the letter or he did but failed to address it.
In either case, the decision is unreasonable in the face of the evidence before
the officer.
[10]
No question was offered for certification.
JUDGMENT
THIS COURT’S JUDGMENT is that the
application is allowed, the decision under review is quashed, and the
application for a study permit is to be considered by a different officer.
"Russel W. Zinn"
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