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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"

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                                                                                                                                                          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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