Date: 20020613
Docket: IMM-5382-01
Neutral citation: 2002 FCT 670
Toronto, Ontario, Thursday, the 13th day of June, 2002
PRESENT: The Honourable Mr. Justice Campbell
BETWEEN:
YING HUANG
Applicant
- and -
THE MINISTER
OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] The present application raises strong equity arguments, but for the reasons which follow, I find no reviewable error in the decision under consideration.
[2] The Applicant applied in Hong Kong to be sponsored for admission to Canada by her mother, a Canadian citizen, as a member of the family class pursuant to s.2(1)(h) of the Immigration Regulations, 1978. The application was denied because the Applicant's ailing grandmother was still residing in China, and as a result, the Applicant was unable to meet the definition set out in s.2(1)(h).
[3] On the merits, the Applicant has good grounds to support being admitted to Canada for humanitarian and compassionate reasons under s.114(2) of the Immigration Act. There is also no doubt on the record that the interview conducted by a Visa Officer on the merits of the Applicant's case was insensitive and upsetting to the Applicant. Nevertheless, the CAIPS notes with respect to the investigation provide detailed and accurate information as to the life situation of the Applicant and the sponsor.
[4] As a result of considering the information obtained, the Visa Officer concerned reached the conclusion that there was no emotional or financial dependence between the Applicant and the sponsor. The reasoning exposes no error of analysis.
[5] The Minister's delegate, in reaching a negative decision under s.114(2), did not provide any reasons; however, it is implicit that the Visa Officer's analysis and recommendation were accepted.
[6] I agree with counsel for the Applicant that the decision reached in this case is harsh. However, the reasons for the decision do withstand a probing examination (per Baker v. M.C.I., [1999] 2 S.C.R. 817 at paragraph 63). In addition, I can find no error in fact or any reliance placed on extraneous considerations, and no argument of bad faith or bias was advanced by the Applicant. As a result, I find no reviewable error in the decision under consideration.
ORDER
Accordingly, this application is dismissed.
"Douglas R. Campbell"
J.F.C.C.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-5382-01
STYLE OF CAUSE: YING HUANG
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: THURSDAY, JUNE 13, 2002
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: THURSDAY, JUNE 13, 2002
APPEARANCES BY: Mr. Cecil Rotenberg, Q.C.
For the Applicant
Ms. Alexis Singer
For the Respondent
SOLICITORS OF RECORD: Cecil Rotenberg, Q.C.
Barrister and Solicitor
808-255 Duncan Mill Road
North York, Ontario
M3B 3H9
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20020613
Docket: IMM-5382-01
BETWEEN:
YING HUANG
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER
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