Digests

Xu v. Canada (Minister of Citizenship and Immigration)

IMM-2396-00

Teitelbaum J.

15/12/00

12 pp.

Application for judicial review of visa officer's decision refusing application for permanent residence--Applicant citizen of People's Republic of China--Submitted application for permanent residence as member of Independent category of immigrants--Informed visa officer she had maternal aunt who had landed in Canada on October 2, 1999 as landed immigrant--Visa officer informing applicant not entitled to 5 bonus units of assessment as aunt never established herself in Canada, therefore did not reside in Canada within meaning of Immigration Act, Immigration Regulations, 1978--Whether visa officer erred in interpreting definition of "assisted relative" in Regulations, s. 2(1)--Visa officer's conclusion with regard to definition of "assisted relative" reasonable as record clearly demonstrating residency had not been established, visa officer could not allocate 5 bonus units of assessment--Expression "who resides in Canada" precondition to allocation of bonus units of assessment--In order to conclude individual resides in Canada, he (she) must have centralized ordinary mode of living with accessories in social relations, interests, conveniences in Canada--Insufficient evidence to demonstrate applicant's aunt had substantial attachment to Canadian community--Documents provided by applicant not establishing aunt had centralized ordinary mode of living, established home on permanent basis in Canada--Reasonable for visa officer to conclude applicant's aunt did not meet criteria set out in definition of "assisted relative"--Application dismissed--Immigration Act, R.S.C., 1985, c. I-2--Immigration Regulations, 1978, SOR/78-172, s. 2(1) "assisted relative" (as am. by SOR/93-44, s. 1).