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CITIZENSHIP AND IMMIGRATION

Status in Canada

Permanent Residents

An v. Canada (Minister of Citizenship and Immigration)

IMM-1613-00

2001 FCT 387, Dawson J.

26/4/01

7 pp.

Application for judicial review of visa officer's decision refusing applicant's application for permanent residence--Issue whether reasonably open to visa officer to find that applicant did not respond to questions in credible manner, and that applicant's documents not reliable--Application dismissed--Applicant did not materially contradict visa officer's evidence in own affidavit--Negative credibility finding reasonably open to visa officer--Applicant failed to deal with discrepancies between material in current application for permanent residence and earlier application for visitor's visa--Allegation that applicant actually deputy manager of Chinese company in Taiwan, that applicant's letter of reference from CCTV fraudulent and that applicant currently working illegally in Canada improperly included in visa officer's affidavit, but not providing basis upon which to set aside visa officer's decision as only came to attention of visa officer after decision made--However, application dismissed with costs payable forthwith by respondent to applicant.

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