CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Begum v. Canada (Minister of Citizenship and Immigration)
IMM-1947-02
2004 FC 165, Lemieux J.
30/1/04
6 pp.
Judicial review of visa officer's decision applicant's son not eligible for inclusion in her application for permanent residence--As son older than 19, had to satisfy visa officer continuously enrolled as full-time student at educational institution--As apparent gap in education between 1996 and 1998, further supporting documentation, including son's written statement, requested, provided--Visa officer interviewed applicant, son--Visa officer not giving any weight to son's personal university documents because true copies of originals attested to subsequent to date of decision to immigrate and because attestations "easily purchased from corrupt notaries, officials"--Tran v. Canada (Minister of Citizenship and Immigration) (2001), 16 Imm. L.R. (3d) 269 (F.C.T.D.), persuasive: while visa officer may use level of fraud to support closer review of documents, may not use it to reject authenticity of documents--Respondent acknowledging breach of duty of fairness, but submitting record establishing documentation unreliable, contradictory--In effect respondent inviting Court to make new findings of fact--To do so would overstep Court's role on judicial review--Mobil Oil Canada Ltd. v. Canada-Newfoundland Offshore Petroleum Board, [1994] 1 S.C.R. 202 holding breach of natural justice, procedural fairness may be disregarded where merits of claim hopeless, distinguished--Application allowed.