Date: 20010131
Docket: IMM-3057-00
Between:
ZHENYU LI,
Applicant,
- and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Respondent.
REASONS FOR ORDER AND ORDER
(Delivered orally from the Bench on January 25, 2001
at Vancouver, British Columbia)
Muldoon, J.
[1] The Court has listened very carefully to the arguments and the elocution of counsel and the reasoning of counsel and the citation of cases. The Court concludes that it was reasonably open to the visa officer to conclude that the rebuttable presumption in Section 9 of the Act had not been rebutted. I think she made no extraneous findings and she wasn't patently unreasonable in her decision.
[2] The Wong decision is most persuasive in this matter. The visa officer concluded there was insufficient evidence and was not satisfied that the applicant would return to China. That's the gravamen of these things. Of course, the visa officer must be reasonable and not perverse, but basically the obligation and the onus on the applicant is to persuade the visa officer. That's what the statute says, so, if the visa officer be persuaded on grounds which are not unreasonable and not perverse, then that stands.
[3] The presentation of the respondent's counsel, I thought, was not excessive and not extraneous and the court would be pleased to adopt and ratify what respondent's counsel submitted in her argument before this court. It would be an exercise in leisure on my part to go through it point by point by point, because it was well stated on the evidence before the Court.
[4] Therefore the Court is going to dismiss the application, always with regret because one understands that people's hopes are riding on these applications. Unfortunately, unless the application is a very good one and a very thorough one, the hopes are going to be dashed. And that unfortunately is the case here. This young man's whole family has all abandoned him. They've all gone to North America.
[5] Perhaps you saw that spoof of a movie some years ago Leningrad Cowboys go America. In this case, this applicant's family has "gone America" and to be a salesman and start up one's own business in China just might be too daunting a prospect for a young man when his family is all here in North America, and it's pretty easy to slip over into the United States, which seems to be the objective of many of the immigrants from China. Although one cannot say that that is this applicant's objective. The visa officer was not wrong to refuse a student authorization to the applicant.
ORDER
Zhenyu Li's application for leave and judicial review is dismissed because the visa officer's decision was correct.
(Sgd.) "F.C. Muldoon"
Judge
January 31, 2001
Vancouver, British Columbia
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| STYLE OF CAUSE: Zhenyu Li |
v.
MCI
| PLACE OF HEARING: Vancouver, British Columbia |
| DATE OF HEARING: January 25, 2001 |
| REASONS FOR ORDER AND ORDER OF MULDOON, J. |
APPEARANCES:
| Mr. Rudolf J. Kischer For the Applicant |
| Ms. Pauline Anthoine For the Respondent |
SOLICITORS OF RECORD:
Rudolf J. Kischer
Barrister and Solicitor
| Vancouver, BC For the Applicant |
Morris Rosenberg
Deputy Attorney
| General of Canada For the Respondent |
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