CITIZENSHIP AND IMMIGRATION |
Judicial Review |
Canada (Minister of Citizenship and Immigration) v. Brar
IMM-2761-01
2002 FCT 442, Dawson J.
18/4/02
9 pp.
Application for judicial review of decision by Appeal Division of Immigration and Refugee Board (IAD) overturning determination of visa officer Mrs. Brar not member of family class, notwithstanding marriage to respondent--Mr. Brar Canadian citizen who sponsored Mrs. Brar's application for landing under family class as wife-- Visa officer refusing Mrs. Brar's application on ground marriage between Mr., Mrs. Brar entered into so that Mrs. Brar could gain admission to Canada--Whether Mrs. Brar fell within Immigration Regulations, 1978, s. 4(3)--Standard of review of IAD decisions generally patent unreasonableness, except for questions involving interpretation of statute where standard becomes correctness--IAD correctly directed itself to legal principles--Did not err by stating not mandatory for applicant to give evidence--Review on standard of patent unreasonableness requiring Court to consider obviousness, immediacy of defect in decision under review--Decision patently unreasonable where unreasonable on face, unsupported by evidence, vitiated by failure to consider proper factors, to apply appropriate procedures--Evidence to support IAD conclusion as to Mrs. Brar's intent--IAD applied proper principles of law--Entitled to weigh explanation with other evidence, not obliged to draw adverse inference from Mrs. Brar's failure to testify--No reviewable error as to how IAD weighed evidence, right to determine evidence plausible, implausible--Application dismissed--Immigration Regulations, 1978, SOR/78-172, s. 4(3) (as am. by SOR/93-44, s. 4).