Agidi v. Canada (Citizenship and Immigration), 2013 FC 691 (2013)

Parts:Agidi v. Canada (Citizenship and Immigration)
Reporting Judge:The Honourable Mr. Justice Zinn
Docket Number:IMM-8534-12
 
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Federal Court - Agidi v. Canada (Citizenship and Immigration)

Source: http://decisions.fct-cf.gc.ca/en/2013/2013fc691/2013fc691.html

Date: 20130620

Docket: IMM-8534-12

Citation: 2013 FC 691

Toronto , Ontario , June 20, 2013

PRESENT: The Honourable Mr. Justice Zinn

BETWEEN:

VICTORIA NENE AGIDI

Applicant

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR JUDGMENT AND JUDGMENT

[1] At the conclusion of the hearing I informed the parties that this application would be allowed and further stated that it ought to have been resolved by the Minister without a hearing. These are my reasons for so finding.

[2] Ms. Agidi is a citizen of Nigeria. She applied for a temporary resident visa [TRV] on June 4, 2012, in order to visit a friend in Scarborough, Ontario, for the first three weeks of August 2012. Her application was denied by a visa officer on August 10, 2012.

[3] The officer’s decision to deny Ms. Agidi’s application was communicated by a standard form refusal letter. The following reasons were said to apply in the applicant’s case:

I am not satisfied that you have a legitimate purpose in Canada and therefore I do not consider you to be a genuine temporary resident who would leave Canada.

You have not satisfied me that you meet the requirements of Regulation 179: that you would leave Canada at the end of the temporary period if you were authorized to stay. In reaching this decision, I considered your ties to the country of residence/citizenship balanced against factors which might motivate you to stay in Canada .

Other reasons: No travel history.

[emphasis added]

[4] The Certified Tribunal Record also discloses four entries in the Global Case Management System; however, these are purely of an administrative nature and none of them provides any reasons or notes by any assessing officer. However, one entry may explain why Ms. Agidi’s request was given such short-shrift by the officer. It reads:

THIS APPLICANT HAS BEEN GROUPED TO EXPEDITE BACKLOG OF FILES AT MISSION >70-DAYS PROCESSING. AS A MEMBER OF THIS GROUP A MANUAL REFUSAL LETTER HAS BEEN ISSUED . THE REASONS FOR REFUSAL ALL INCLUDE PURPOSE AND MOST NO TRAVEL HISTORY BUT MAY INCLUDE EVENT HAS PASSED NOT TRUTHFUL INSUFFICIENT FUNDS OR ANY OTHER BONA FIDE REFUSAL REASON. FEW IF ANY OF THESE APPLICANTS WILL HAVE FAMILY MEMBER IN CANADA – POSSIBLE IF A DISTANT COUSIN OR A “BROTHER” OR “SISTER” WHO IS NOT A BIOLOGICAL...

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