Jie v. Canada ( Minister of Citizenship and Immigration )
IMM-631-98
Rothstein J.
25/11/98
3 pp.
Judicial review of refusal to grant visitor's visa to enter Canada as student-Immigration Act, s. 9(1.2) requiring applicant for visitor's visa to satisfy visa officer not immigrant-Visa officer in Beijing assuming applicant not going to return unless very strong, compelling reasons to do so, as of opinion very small percentage of privately funded students destined to foreign schools return to China-Refused visa because could not 100% guarantee would return to China upon conclusion of study, notwithstanding wife, son, house in China-Application allowed-While nothing wrong with taking it as given applicant will not return in absence of strong, compelling reasons to do so, requiring 100% guarantee appears to be impossible standard for applicant to meet-Going beyond strong, compelling reasons-Standard must be possible to achieve-If visa officer looking for evidence applicant will return to China, advisable to specifically address that issue in interview-Immigration Act, R.S.C., 1985, c. I-2, s. 9(1.2) (as enacted by S.C. 1992, c. 49, s. 4).