Montatong v. Canada ( Minister of Citizenship and Immigration )
IMM-4808-98
Campbell J.
26/2/99
4 pp.
Application for judicial review of decision of visa officer denying applicant visitor's visa-Applicant 40-year old Thai woman from Bangkok-Applied for visitor's visa for one-month period to visit married boyfriend in Canada-Because of age, health, boyfriend no longer willing to travel frequently to Thailand-Still wishing to see applicant, invited her to visit him in Canada-Visa officer's finding "If he is resident in Canada, it would seem logical that the applicant would be highly motivated to stay near him" pure speculation, reviewable error-Second reviewable error arising from applicant's affidavit as compared to that of visa officer-Applicant's statement in affidavit uncontradicted, must be accepted-In reaching decision to deny visitor's visa, visa officer, because of disapproval of relationship between applicant, boyfriend, acted upon irrelevant consideration, made reviewable error-Application allowed.