Wong ( Guardian ) v. Canada ( Minister of Citizenship and Immigration )
A-533-97
Létourneau J.A.
23/6/99
5 pp.
Appeal from Motions Judge's decision ([1997] 3 F.C. D-32) allowing application for judicial review of visa officer's refusal of application for student authorization-Respondent's mother submitting application for temporary entry to Canada to allow son to study in Canada, complete grade 5-Respondent to live with aunt while parents, siblings to remain in Hong Kong-Mother's affidavit stating hoped son would complete university in Canada-Visa officer not satisfied respondent seeking admission for temporary purpose-Motions Judge concluding, on basis of evidence before visa officer, capricious to conclude respondent's application to come to Canada for other than temporary purpose-Certified following question: did applicant who expressed longterm goal to study in Canada satisfy definition of "visitor" as defined in Immigration Act, s. 2(1)-Question as framed not meeting requirements of s. 83(1), permitting appeal of Trial Division's judgment on judicial review only where certifying "serious question of general importance"-Question submitted specific to this case, fact related and driven-Would require Court of Appeal to determine whether, on basis of evidence before visa officer, capricious for visa officer to reach conclusion respondent's application to come to Canada for other than temporary purpose-Cannot be done as no right of appeal of merits of decision of this kind-Also, appeal under s. 83(1) involving certified question not allowing for full review of case on merits-Serious question of general importance giving rise to conflicting decisions of Trial Division: whether visa officer entitled, at time of application for student visa for temporary purpose or definite period of time, to search for long-term goal of applicant and to consider that goal, as expressed by himself or parents, in assessing whether applicant genuine visitor within meaning of s. 2(1) i.e. person seeking to come into Canada for temporary purpose-Visa officer entitled, even at moment of first application for such visa, to examine totality of circumstances, including long-term goal of applicant-Such goal relevant consideration, but not necessarily determinative, to be weighed with all other facts, factors in determining whether application visitor within terms of definition provided in Act-Appeal dismissed-Immigration Act, R.S.C., 1985, c. I-2, ss. 2(1), 83(1) (as am. by S.C. 1992, c. 49, s. 73).