Canada (Minister Of Citizenship And Immigration) v. Chou
The Court answered the certified question in the negative: CAIPS notes are not evidence of what took place at an interview in the absence of an affidavit from the visa officer attesting to their truth, and Wang v. Minister of Employment and Immigration is dispositive on that point.
Source-derived case information.
- Citation
- 2001 FCA 299
- Parties
- Appellant: THE MINISTER OF CITIZENSHIP AND IMMIGRATION; Respondent: SHOU PING CHOU
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 11 October 2001
- Procedural Posture
- Appeal (judicial Review of Visa Officer Decision) / Appeal on Certified Question From Motions Judge
- Outcome
- Appeal dismissed
- Legal Topics
- Visa Officer Notes in CAIPS, Admissibility of Documentary Evidence, Proof of Underlying Facts Vs Reasons for Decision, Affidavit Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Appellant
SHOU PING CHOU
Respondent
Procedural Posture
Appeal (judicial Review of Visa Officer Decision) / Appeal on Certified Question From Motions Judge
Legal Issues
- 1 Whether a visa officer's CAIPS notes are evidence of what took place at an interview in the absence of an affidavit from the visa officer
- 2 Whether the decision in Wang v. Minister of Employment and Immigration governs the evidentiary status of visa officer notes
Ratio Decidendi
The Court answered the certified question in the negative: CAIPS notes are not evidence of what took place at an interview in the absence of an affidavit from the visa officer attesting to their truth, and Wang v. Minister of Employment and Immigration is dispositive on that point.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs in favour of the Respondent
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Minister Of Citizenship And Immigration) v. Chou Court (s) Database Federal Court of Appeal Decisions Date 2001-10-11 Neutral citation 2001 FCA 299 File numbers A-288-00 Notes Digest Decision Content Date: 20011011 Docket: A-288-00 Neutral citation: 2001 FCA 299 CORAM: LINDEN J.A. NOËL J.A. MALONE J.A. BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Appellant - and - SHOU PING CHOU Respondent Heard at Toronto, Ontario, Thursday, October 11, 2001 Judgment delivered from the Bench at Toronto, Ontario, on Thursday, October 11, 2001 REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A. Date: 20011011 Docket: A-288-00 Neutral citation: 2001 FCA 299 CORAM: LINDEN J.A. NOËL J.A. MALONE J.A. BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Appellant - and - SHOU PING CHOU Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Thursday, October 11, 2001) LINDEN J.A. This appeal is brought by reference to the following certified question: Are a visa officer's notes concerning an interview with an applicant, as entered in CAIPs, evidence of what took place at the interview, in the absence of an affidavit from the visa officer attesting to the truth of what he or she recorded as having been said at the interview? In our view, this question must be answered in the negative. The Motions Judge acknowledged that the notes are part of the record as the reasons for the decision under review. However, she held that they are not evidence of what took place at the interview. In reaching this conclusion, she relied on the decision of this Court in Wang v. Minister of Employment and Immigration, [1991] 2 F.C. 165 (C.A.) where it was held that a decision of a visa officer is evidence of the decision made and the reasons therefor but does not establish the truth of the underlying facts. In our view, the Wang decision is dispositive of the matter. The appeal will be dismissed with costs in favour of the Respondent. "A. M. Linden" J.A. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-288-00 STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Appellant - and - SHOU PING CHOU Respondent DATE OF HEARING: THURSDAY, OCTOBER 11, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A. DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON THURSDAY, OCTOBER 11, 2001. APPEARANCES BY: John Loncar, and Negar Hashemi For the Appellant Mary Lam For the Respondent SOLICITORS OF RECORD: Morris Rosenberg Deputy Attorney General of Canada For the Appellant Mary Lam Barrister & Solicitor 206 Bloor Street West Suite 3 Toronto, Ontario M5S 1T8 For the Respondent FEDERAL COURT OF APPEAL Date: 20011011 Docket: A-288-00 BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Appellant - and - SHOU PING CHOU Respondent REASONS FOR JUDGMENT OF THE COURT