CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Immigration Inquiry Process |
Bahtijari v. Canada (Minister of Citizenship and Immigration)
IMM-6106-99
2001 FCT 657, Dawson J.
14/6/01
6 pp.
Judicial review of visa officer's November 10, 1999 decision--Applicant, Slav of Muslim origin, 44-year-old citizen of former Yugoslavia from Kosovo region--Applied as government-sponsored refugee seeking resettlement--Residing in Germany as conscientious objector to war commenced by regime of Slobodan Milosevic--Application refused July 29, 1999 for failure to comply with Immigration Act, s. 9(3), and therefore within inadmissible class of person described in s. 19(2)(d), and not meeting requirements for immigration to Canada because not within definition of Convention refugee--Refusal letter stating as Serbian regime from which applicant feared persecution no longer in control of Kosovo region, and as town from which fled determined to have necessary security conditions to guarantee safe return, grounds for fear of persecution no longer applied--In October 1999, consulate received further documents from applicant--By letter dated November 10, 1999 visa officer informed applicant case would not be reviewed--Applicant arguing November 10, 1999 decision fresh decision refusing application, and incorporating reasons for refusal set out in July 29, 1999 letter--Application dismissed--November 10 letter evidencing visa officer's decision not to reconsider applicant's application--Not incorporating earlier July 29, 1999 decision so as to make earlier decision amenable to review--Permissible scope of inquiry on this application for judicial review confined to whether visa officer reasonably concluded reconsideration of decision to refuse applicant's application not warranted--If visa officer had discretion to reconsider her decision, she committed no reviewable error in her exercise of that discretion--Neither new documentary evidence to support applicant's claim of persecution nor evidence contradicting visa officer's finding of current country conditions--Applicant not satisfying Court unreasonable for visa officer to conclude new information not warranting further review of case--Immigration Act, R.S.C., 1985, c. I-2, ss. 9(3), 19(2)(d).