CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Hrabchuk v. Canada (Minister of Citizenship and Immigration)
IMM-2516-02
2003 FC 907, Dawson J.
22/7/03
8 pp.
Mr. Hrabchuk, applicant, citizen of Ukraine nominated by Province of Manitoba as provincial nominee on September 19, 2000--Provincial nominee defined in Immigration Act, s. 2(1) (Act) (agreement between federal Minister, province that immigrant considered of significant benefit to industrial development of province)--Thereafter, Mr. Hrabchuk applied for permanent residence in Canada--Application refused by visa officer without interview, mainly due to fact one of diplomas never issued by institution--Visa officer gave no weight to any other documents submitted in support of application because they came directly from Mr. Hrabchuk and, in words of refusal letter, Mr. Hrabchuk had "demonstrated you are willing to submit fraudulent documents --At relevant time, admission to Canada governed by Immigration Act--General principle of admissibility of immigrants expressed in s. 6(1) of Act--Immigration Regulations, s. 8(1) (2), (Regulations) established selection standards--Entitlement to interview governed by Regulations s. 11.1--If review of visa application and documents established immigrant provincial nominee, interview required for purpose of determining if immigrant and his or her dependants would be able to become successfully established in Canada--Counsel for Minister argued interview only required in order to assess personal suitability--Regulations, s. 8(1) established selection standards and subject to Regulations, s. 11.1--In turn, s. 11.1 required for certain categories of applicants, assessment of likelihood of successful establishment should be done only after interview --One such category was provincial nominees--Visa officer not obliged to accept Mr. Hrabchuk's application for permanent residence but so long as Mr. Hrabchuk in possession of valid certificate of nomination, reviewable error of visa officer to refuse application without interviewing Mr. Hrabchuk--Judicial review allowed--Immigration Act, R.S.C., 1985, c. I-2, s. 6(1) (as am. by S.C. 1992, c. 49, s. 3)-- Immigration Regulations, 1978, SOR/78-172, ss. 2(1) "provincial nominee" (as enacted by SOR/79-851, s. 1), 8 (as am. by SOR/92-133, s. 2), 11.1 (as enacted idem, s. 3; 93-44, s. 9; 97-184, s. 9).