CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Ning v. Canada (Minister of Citizenship and Immigration)
IMM-4016-99
Dubé J.
26/9/00
6 pp.
Application for judicial review of visa officer's decision refusing application for permanent residence on basis of non-compliance with requirements of Immigration Act, s. 9(3)--Applicant submitting application for permanent residence in Canada on May 8, 1997--Interviewed on May 24, 1998--Visa officer denied application on grounds applicant did not provide required information at interview, therefore found to have failed to comply with s. 9(3) requirements--CSIS security officer conducting background inquiry of applicant's employer, not of applicant--Latter would be gravely concerned with safety, protection of wife, children still in China should he answer questions--Visa officer erred in making decision without having received recommendation from security officer with respect to admissibility of applicant--Respondent consenting to allowing judicial review application with four directions--Court adding fifth direction prohibiting security officer, visa officer from asking applicant questions to dealing with issues of security, intelligence matters related to applicant's employer, Government of China--Application allowed--Immigration Act, R.S.C., 1985, c. I-2, s. 9 (as am. by S.C. 1992, c. 49, s. 4).