Kassam v. Canada ( Minister of Citizenship and Immigration )
IMM-2660-96
Jerome A.C.J.
28/11/97
10 pp.
Application for judicial review of decision by visa officer denying application for visitor's visa on basis applicant not person seeking to come to Canada for temporary purpose-Applicant, citizen of Tanzania, previously admitted to Canada on visitor's visa for nine-week period in 1992-In May 1996, applicant's niece invited applicant to Canada to attend wedding, visit family-Respondent arguing issue moot as applicant wanted to visit Canada to attend niece's wedding which had passed-No live controversy between parties-Case to be heard on merits-Whether visa officer made reviewable error in finding applicant not visitor on grounds she had lack of proper funds, insufficient ties to Tanzania-When determining whether to issue visitor's visa, visa officer must determine whether person visitor as defined in Immigration Act, s. 2(1)-Visitor one who comes to Canada for temporary purpose-Onus on applicant to prove he is visitor-Visa officer did not believe applicant had sufficient funds or sufficient ties to Tanzania to remain visitor in Canada-Court should not interfere with decision if not patently unreasonable finding-No evidence of bank statement or other evidence as further indication of applicant's ties to Tanzania-Visa officer not satisfied applicant bona fide visitor-Decision not patently unreasonable-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, s. 2(1) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1; S.C. 1992, c. 49, s. 1).