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Decision Content

Citation:

Masych v. Canada (Citizenship and Immigration),

2010 FC 1253, [2011] 1 F.C.R. D-15

IMM-1704-10

Citizenship and Immigration

Status in Canada

Persons with Temporary Status

Judicial review of visa officer’s decision denying application for temporary work permit pursuant to Immigration and Refugee Protection Regulations, SOR/2002-227, s. 179—Applicant, Ukrainian citizen, employed as chef assistant in England—Failing to provide income tax returns from United Kingdom as requested by visa officer—Visa officer finding applicant likely not reporting income in United Kingdom—Whether visa officer erring in law by requiring applicant to produce income tax returns—Applicant submitting inter alia that production of tax documentation arbitrary, extraneous factor—Failing to pay income tax offence in Canada, United Kingdom—Consequently, applicant inadmissible under Immigration and Refugee Protection Act, S.C. 2001, c. 27 if failing to pay income tax in United Kingdom—Given combination of Act, Regulations, respective income tax legislation from Canada, United Kingom, reasonable for visa officer to request income tax returns from United Kingdom in determining admissibility—Application dismissed.

Masych v. Canada (Citizenship and Immigration) (IMM-1704-10, 2010 FC 1253, O’Keefe J., judgment dated December 8, 2010, 21 pp.)

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