2020 FC, 2020 FC 1129

Date: 20201207 Docket: IMM-6342-19 Citation: 2020 FC 1129 Vancouver, British Columbia, December 7, 2020 PRESENT: The Honourable Madam Justice Heneghan BETWEEN: FENG WANG Applicant and MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent JUDGMENT AND REASONS [ 1 ] Mr.

Feng Wang (the " “Applicant” " ) seeks judicial review of the decision of an Immigration Officer (the " “Officer” " ) refusing his application for an extension of his Temporary Resident Permit ( " “the TRP” " ) that was issued pursuant to subsection 24(1) of the Immigration and Refugee Protection Act , S.C. 2001, c.27 (the " “ Act ” " ). [ 2 ] The application for the TRP contained in the Certified Tribunal Record ( " “CTR” " ) is not the same as the TRP extension application attached to the affidavit of Soyeum Park, Immigration Consultant, which affidavit was filed as part of the Applicant’s Application Record. [ 3 ] At the hearing of the application for judicial review, Counsel for the Applicant advised that he was withdrawing this affidavit because it is not correct. [ 4 ] Counsel for the Applicant also advised the Court that he had been unable to get instructions from his client so was not in a position where he could withdraw or discontinue the application for judicial review. [ 5 ] Counsel for the Applicant further advised that he had no further submissions. [ 6 ] Counsel for the Minister of Citizenship and Immigration (the " “Respondent” " ) was heard. [ 7 ] In reply to a question from the Court, Counsel for the Applicant advised that he was acting in his capacity as an officer of the Court in withdrawing the affidavit that contained erroneous information. [ 8 ] In the circumstances, there is no evidence of a reviewable error to justify the intervention of the Court and the application for judicial review is dismissed, there is no question for certification arising.

JUDGMENT in IMM-6342-19 THIS COURT’S JUDGMENT is that the application for judicial review is dismissed; there is no question for certification arising. “E. Heneghan” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-6342-19 STYLE OF CAUSE: FENG WANG v. MINISTER OF CITIZENSHIP AND IMMIGRATION HEARING HELD BY VIDEOCONFERENCE ON DECEMBER 7, 2020 FROM VANCOUVER, BRITISH COLUMBIA (COURT) (PARTIES) JUDGMENT AND REASONS: HENEGHAN J.

DATED: December 7, 2020 APPEARANCES : Shepherd Moss For The applicant Robert L. Gibson For The respondent SOLICITORS OF RECORD : Chand and Company Law Corporation Vancouver, British Columbia For The applicant Attorney General of Canada Vancouver, British Columbia For The respondent