Date: 20040707
Docket: IMM-4103-03
Citation: 2004 FC 967
Toronto, Ontario, July 7th, 2004
Present: The Honourable Mr. Justice Campbell
BETWEEN:
RICHARD SULLIVAN
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] The present case concerns an application to be granted landing from within Canada. On a finding that the Applicant's marriage was not bone fide, the Immigration Officer concerned denied the application. I find an error in fact was made on this central factual issue.
[2] The Immigration Officer coined the courtship respecting the marriage as "brief", whereas the record clearly shows it was anything but. In addition, the reasons provided by the Immigration Officer show a misunderstanding of the evidence respecting the time and duration of contact between the Applicant and his wife prior to marriage.
ORDER
Accordingly, I set the Immigration Officer's decision aside and refer this matter to a different immigration officer for reconsideration.
"Douglas R. Campbell"
J.F.C.
FEDERAL COURT
Names of Counsel and Solicitors of Record
DOCKET: IMM-4103-03
STYLE OF CAUSE: RICHARD SULLIVAN
Applicant
and
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: JULY 7, 2004
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: JULY 7, 2004
APPEARANCES BY:
Ms. Krassina Kostadinov
FOR THE APPLICANT
Ms. Rhonda Marquis
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Waldman and Associates
Toronto, Ontario
FOR THE APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada
Toronto, Ontario
FOR THE RESPONDENT
FEDERAL COURT
Date: 20040707
Docket: IMM-4103-03
BETWEEN:
RICHARD SULLIVAN
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
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