Date: 19980604
Docket: IMM-1472-97
BETWEEN:
XUNYAO HUANG,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
REASONS FOR ORDER
HEALD, D.J.
1� This is an Application for Judicial Review to set aside the decision of Visa Officer John Maffett dated March 12, 1997 wherein he refused the applicant's application for a student visa in order to study hotel and restaurant operations at Constellation College in Toronto. Since the applicant was is Switzerland at the time, completing a similar course, his application was submitted to a Visa Officer in Bonn.
The Decision of the Visa Officer
2� Visa Officer Maffett, after interviewing the applicant, noted from the correspondence, that the applicant had aspired to complete university studies in Canada but had provided no letter of acceptance from any Canadian university. The Visa Officer also observed: (a) the applicant had no apparent ties to the People's Republic of China (P.R.C.), his country of citizenship; (b) he was in Germany on a visitor's visa; (c) he had been in Hong Kong since leaving Switzerland and was staying with his mother and brother there. They had recently emigrated to Hong Kong from the P.R.C.
3� Based on these circumstances, the Visa Officer concluded that the applicant was not a bona fide visitor and, that the real motivation for his application was the impending expiration of his status in Switzerland. On this basis, the Visa Officer refused his application for a student visa.
Issues
4� 1. Whether the application should be dismissed on the basis that the supporting affidavit relies primarily on the affiant's information and belief.
2. Whether the Visa Officer properly exercised the discretion vested in him in refusing to grant a visa to the applicant.
Analysis
5� 1. Information and belief.
Failure to provide supporting affidavits based on personal knowledge does not automatically result in the dismissal of an application for judicial review. However, evidence provided in an affidavit based on information and belief is afforded little if any weight[1].
The affidavit of Imelda On relies heavily on information and belief. To that extent, I give it little weight. The merits of this application can be better addressed by reference to the affidavit of Visa Officer Maffett together with the cross-examination thereon as well as those portions of the On affidavit that are not hearsay.
2. Exercise of Discretion by the Visa Officer.
I am not persuaded that the decision a quo was capricious or perverse. The Visa Officer had regard to a number of relevant factors: the quality of the applicant's financial support; his ties to the People's Republic of China; and his need to find another country in which to live since his student's visa in Switzerland had expired
6� I am not persuaded on this record that the Visa Officer committed reviewable error. The Visa Officer afforded to the applicant a full opportunity to address any concerns arising out of his initial assessment.
Conclusion
7� Accordingly, and for the foregoing reasons, the within Application for Judicial Review is dismissed.
Certification
8� Neither Counsel suggested certification of a serious question of general importance pursuant to Section 83 of the Immigration Act. I agree that this is not a case for certification.
"Darrel V. Heald"
D.J.
Toronto, Ontario
June 4, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-1472-97
STYLE OF CAUSE: XUNYAO HUANG
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
DATE OF HEARING: JUNE 3, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: HEALD, D.J.
DATED: JUNE 4, 1998
APPEARANCES:
Mr. Timothy Leahy
For the Applicant
Mr. Brian A. Frimeth
For the Respondent
SOLICITORS OF RECORD: Timothy Leahy
408-5075 Yonge Street
North York, Ontario
M2N 6C6
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980604
Docket: IMM-1472-97
Between:
XUNYAO HUANG
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER