Is a person who applies for a visitor's visa under section 9(1.2) of the Immigration Act, or is the applicant required to prove to a visa officer that they are not an immigrant?
Canada (Federal), Canada
The following excerpt is from Guo v. Canada (Minister of Citizenship and Immigration), 2001 FCT 1353 (CanLII):
Muldoon J. in Li v. M.C.I. 2001 FCT 791, [2001] F.C.J. No. 1144, (F.C.T.D.), stated at paragraph 26: Subsection 9(1.2) [of the Immigration Act] requires that any person who makes an application for a visitor's visa shall satisfy a visa officer that the person is not an immigrant. This is a statutory presumption that a person making an application for a visitor's visa is an immigrant, and, of course would need an immigration visa.
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