Canada ( Minister of Citizenship and Immigration ) v. Maulion
IMM-1054-95
Jerome A.C.J.
9/5/96
3 pp.
Sponsors-Application to set aside Immigration and Refugee Board Appeal Division's decision allowing respondent's appeal against visa officer's refusal of respondent's family's application for landing from outside Canada-Respondent undertaking to co-sponsor, along with aunt, entry of father, mother, brother and two sisters-Aunt later found ineligible as co-sponsor-Respondent's income too low to sponsor family alone-Presiding member at Appeal Division hearing directing respondent not to withdraw aunt and two others from undertaking of assistance-Aunt providing evidence at hearing reluctantly willing to contribute minor sums to maintenance of family-Presiding member fundamentally erred by stating test before him not how much witness willing or able to contribute but merely income of witness-Also incorrectly assessed respondent's ability to fulfil undertaking on basis of gross annualized income of aunt, individual who does not meet definition of family class sponsor and not member of household of family class sponsor-Decision set aside-Immigration Regulations, 1978, SOR/78-172, s. 6(2)(b) (as am. by SOR/79-167, s. 2(2)).