Date: 20010402
Docket: A-599-99
Neutral citation: 2001 FCA 100
CORAM: ISAAC J.A.
SEXTON J.A.
SHARLOW J.A.
BETWEEN:
JIANZHONG MAI
Appellant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Heard at Toronto, Ontario, Monday, April 2, 2001
Judgment delivered from the Bench at Toronto, Ontario,
on Monday, April 2, 2001
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
Date: 20010402
Docket: A-599-99
Neutral citation: 2001 FCA 100
CORAM: ISAAC J.A.
SEXTON J.A.
SHARLOW J.A.
BETWEEN:
JIANZHONG MAI
Appellant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Monday, April 2, 2001)
SHARLOW J.A.
The Motions Judge concluded, on the basis of the record before him, that the Visa Officer breached no duty owed to the applicant. We are not persuaded that he erred in reaching that conclusion.
The Motions Judge certified the following question:
Does a visa officer, who is processing an application for permanent residence that designates a mailing address for the applicant that is the mailing address of an immigration consultant, owe a duty to the applicant to ensure that the applicant has received notice of a scheduled interview in circumstances where the visa officer becomes aware that the immigration consultant has encountered difficulties that may impact on the service provided by the immigration consultant to the applicant?
We would answer this question in the negative.
Two additional grounds of appeal were also argued. We see no merit in either of those grounds.
This appeal will be dismissed.
"Karen R. Sharlow"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-599-99
STYLE OF CAUSE: JIANZHONG MAI
Appellant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
DATE OF HEARING: MONDAY, APRIL 2, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: SHARLOW J.A.
DATED: MONDAY, APRIL 2, 2001
APPEARANCES: Ms. Mary Lam
For the Appellant
Mr. Marcel Larouche
For the Respondent
SOLICITORS OF RECORD: Mary Lam
Barrister & Solicitor
206 Bloor Street West, Suite 3
Toronto, Ontario
M5S 1T8
For the Appellant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF APPEAL
Date: 20010402
Docket: A-599-99
BETWEEN:
JIANZHONG MAI
Appellant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT
OF THE COURT