CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Sehgal v. Canada (Minister of Citizenship and Immigration)
IMM-1304-02
2003 FC 1478, Gibson J.
17/12/03
7 pp.
Judicial review of decision holding applicant within inadmissible class of persons described in Immigration Act, s. 19(2)(d) in that provisions of Act, regulations not complied with--As result of failure to provide updated application, application for landing in Canada treated as abandoned-- Tribunal relying on Computer Assisted Immigration Processing System (CAIPS) notes indicating transmittal of two letters, as affirmed by affidavit of visa officer who made decision, not by author of notes--Weight to be given to affidavit, CAIPS notes--CAIPS notes in question of very different character from notes of what took place at interview which, to some extent, are subjective impressions that might be at odds with recollections or impressions of person interviewed--In such circumstances, only reasonable to expect only person whose recollections or impressions recorded should attest to their accuracy--Here, entries in question nothing more than records of non-interpretive facts-- While references to entries in question in affidavit filed on behalf of respondent of doubtful value, open to Court to give some weight to such entries--To require all such entries to be verified by affidavit of individual making entries would impose unreasonable burden on respondent--Issue of whether failure to respond to agent's letter inquiring as to status of application constituted breach of fairness not arising--While letter constituting decision under review not specifically referring to agent's letter, more than coincidence that written to agent within less than month of date of agent's letter and well after expiration of 60 days provided for reply to alleged second letter--"Decision" letter constituting response to November 23 letter--Finally, individual applying for landing in Canada has burden to diligently pursue application--Onus not on respondent to ensure application diligently pursued-- Application dismissed--Question certified: is Court entitled to give weight to entries in CAIPS notes that form part of a Tribunal Record on application for judicial review where entries only speak to transmission of correspondence on particular date where the accuracy of such entries not attested to by individuals who made entries?--Immigration Act, R.S.C. 1985, c. I-2, s. 19(2)(d).