CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Chou v. Canada (Minister of Citizenship and Immigration)
A-288-00
2001 FCA 299, Linden J.A.
11/10/01
2 pp.
Appeal by reference to certified question: whether visa officer's notes concerning interview with applicant, as entered in CAIPS, evidence of what took place at interview, in absence of affidavit from visa officer attesting to truth of what visa officer recorded as having been said at interview--Question must be answered in negative--Appeal dismissed--Motions Judge acknowledged that notes part of record as reasons for decision under review--However, Motions Judge held notes not evidence of what took place at interview--Motions Judge relied on case of Wang v. Minister of Employment and Immigration, [1991] 2 F.C. 165 (C.A.) where Court held visa officer's decision evidence of decision made and reasons therefor, but not establishing truth of underlying facts dispositive of matter--Wang dispositive of matter.