CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Manigat v. Canada (Minister of Citizenship and Immigration)
IMM-3890-99
Denault J.
30/6/00
10 pp.
Application for judicial review of IRB Appeal Division decision dismissing plaintiff's appeal from visa officer's decision denying sponsored application for landing of wife--Plaintiff argued Appeal Division erred in concluding principles of Mundi v. Minister of Employment and Immigration, [1986] 1 F.C. 182 (C.A.) not applicable to facts herein--Before considering admissibility of individuals seeking visa, principal applicant has to show in family class application that persons correspond to definitions of "dependant" and, as in case at bar, "dependant daughter" and even "daughter" given in Regulations--Not unreasonable for visa officer to inquire first of all into filial relationship between mother and alleged children--Officer did not reject application on ground children not dependants of plaintiff's wife--Application rejected for mother's failure to produce DNA blood tests that would have proved filial relationships between herself and children--Plaintiff's wife did not meet requirements of Immigration Act, s. 9(3), as unable to satisfactorily establish filial relationship--Visa officer thus right to conclude principal applicant's failure to comply with conditions of Act, s. 9(3) justified denial of visa--Application dismissed--Immigration Regulations, 1978, SOR/78-172--Immigration Act, R.S.C., 1985, c. I-2, s. 9 (as am. by S.C. 1992, c. 49, s. 4).