Digests

Chou v. Canada (Minister of Citizenship and Immigration)

IMM-873-99

Reed J.

13/3/00

7 pp.

Judicial review of visa officer's refusal to issue visa for admission to Canada as entrepreneur immigrant--Record including documentary record before visa officer, applicant's sworn affidavit, visa officer's handwritten notes, presumably made at time of interview, and notes of interview subsequently entered by visa officer into computer (CAIPS notes)--Visa officer not filing affidavit attesting to truth of statements made in either notes--Applicant not having opportunity to cross-examine author of notes--In Wang v. Canada (Minister of Employment and Immigration), [1991] 2 F.C. 165 (C.A.) memorandum, handwritten notes prepared by visa officer struck from record because no supporting affidavit attesting to veracity--CAIPS notes entered into computer by visa officer same in kind as visa officer's handwritten notes--Wang recently cited with approval in Moldeveanu v. Canada (Minister of Citizenship and Immigration) (1999), 1 Imm. L.R. (3d) 105 (F.C.A.)--Case law referred to in Qiu v. Canada (Minister of Citizenship and Immigration), [2000] F.C.J. No. 141 (T.D.) (QL), indicating visa officer's notes not admissible without affidavit--Subsequently decision rendered in Baker v. Canada (Minister of Citizenship and Immigration) [1999] 2 S.C.R. 817, in which notes characterized as reasons for decision under review--Thus CAIPS notes should be admitted as part of record i.e. as reasons for decision under review, but underlying facts on which rely must be independently proven--In absence of visa officer's affidavit attesting to truth of what recorded as having been said, notes having no status as evidence--CAIPS notes repeat visa officer's conclusion applicant not researching type of business planned to purchase--Observations contradicted by documentary evidence on file including business plan--Application allowed as no evidentiary basis for significant factor in visa officer's decision.