Date: 20000718
Docket: IMM-3422-99
Toronto, Ontario, Tuesday the 18th day of July, 2000
PRESENT: The Honourable Madam Justice Reed
BETWEEN:
YUK KWAN YVONNE CHAN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ORDER
For the reasons issued this day the application for judicial review is dismissed.
"B. Reed"
J.F.C.C.
Date: 20000718
Docket: IMM-3422-99
BETWEEN:
YUK KWAN YVONNE CHAN
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Order rendered orally from the Bench in Toronto, Ontario
on Tuesday, July 18, 2000)
REED J.
I first want to make it clear that the absence of reasons for the IAD"s decision does not render that decision immune from judicial review.
At the same time, the failure of the applicant to request reasons from the IAD, when she had the right to do so, will mean that some arguments that possibly might have been made will be less open for her to make.
In any event, the question I will ask myself on this judicial review, is whether there is evidence on the record that supports the IAD decision.
There is no doubt that the applicant failed to satisfy the conditions attached to her grant of landing as an entrepreneurial immigrant. Her counsel"s main argument is that there was overwhelming evidence of humanitarian and compassionate factors, that should have led the IAD to conclude that she should be allowed to remain in Canada.
I have looked at the transcript of the hearing, including the submissions of both the applicant"s counsel and the respondent"s counsel, and particularly that portion of the transcript that records the questions asked of the applicant by the presiding member.
It seems clear from these portions of the transcript that the IAD did not exercise its equitable jurisdiction to allow her to remain in Canada because it concluded that she could apply as an independent immigrant and would be successful. She had had a departure (not a deportation) order issued against her. Counsel for the respondent pointed this out. Thus, it is unlikely that the dislocation that counsel argues will arise for her and her family, as a result of compliance with the requirement that she leave Canada, would in fact occur.
Also the IAD was aware that the reason she had originally applied as an entrepreneur was to gain admission for her husband to Canada in as fast a way as possible, and she had then ignored, or at least not complied with the terms and conditions of the entrepreneur immigrant visa she had obtained.
I cannot conclude that the IAD"s decision that in all the circumstances of this case her appeal of the removal order that had been issued is not supported by the evidence on this record.
Accordingly, the judicial review application will be dismissed.
"B. Reed"
J.F.C.C.
Toronto, Ontario
July 18, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| STYLE OF CAUSE: YUK KWAN YVONNE CHAN |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
| DATE OF HEARING: TUESDAY, JULY 18, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: REED J. |
RENDERED ORALLY FROM
THE BENCH IN TORONTO,
| ONTARIO ON: TUESDAY, JULY 18 , 2000 |
Sally Thomas
| SOLICITORS OF RECORD: John Lee |
Barrister & Solicitor
5 Fairview Mall Drive
Suite 365
North York, Ontario
M2J 2Z1
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000718
Docket: IMM-3422-99
BETWEEN:
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
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