Date: 20040331
Docket: A-308-03
Citation: 2004 FCA 143
CORAM: DÉCARY J.A.
EVANS J.A.
PELLETIER J.A.
BETWEEN:
LAI SHEUNG EVA LEE
Appellant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Heard at Toronto, Ontario, on March 31, 2004.
Judgment delivered from the Bench at Toronto, Ontario, on March 31, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
Date: 20040331
Docket: A-308-03
Citation: 2004 FCA 143
CORAM: DÉCARY J.A.
EVANS J.A.
PELLETIER J.A.
BETWEEN:
LAI SHEUNG EVA LEE
Appellant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario, on March 31, 2004)
DÉCARY J.A.
[1] We are in substantial agreement with the reasons for judgment of Madam Justice Layden-Stevenson reported at (2003) 30 Imm. L.R. (3d) 273 (F.C.T.D.).
[2] The following certified question:
Where a visa officer refuses an application for permanent residence on redetermination, after a previous decision was set aside by the court, is the visa officer obliged to specifically state or set out the differences between the two decisions?
is answered in the negative.
[3] The appeal is dismissed.
"Robert Décary"
J.A.
FEDERAL COURT
Names of Counsel and Solicitors of Record
DOCKET: A-308-03
STYLE OF CAUSE: LAI SHEUNG EVA LEE
Applicant
and
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: MARCH 31, 2004
REASONS FOR JUDGMENT
OF THE COURT BY: (DECARY, EVANS, PELLETIER JJ.A.).
DELIVERD FROM THE
BENCH BY: DÈCARY J.A.
APPEARANCES BY:
Cecil Rotenberg For the Applicant
Marissa Bielski For the Respondent
SOLICITORS OF RECORD:
Cecil Rotenberg, Q.C.
Toronto, Ontario For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada For the Respondent
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