Digests

Mahzooz v. Canada (Minister of Citizenship and Immigration)

IMM-4283-01

2002 FCT 926, Blanchard J.

3/9/02

12 pp.

Judicial review of visa officer's decision in Islamabad, Pakistan, refusing application for permanent residence as applicant belonged to class of inadmissible persons described in Immigration Act, s. 19(1)(l) (applicant judge under Marxist government of Afghanistan, terrorist government engaged in serious and repeated human rights violations, crimes against humanity, war crimes)--Applicant alleging visa officer erred in evaluation of application, alleging visa officer rendered decision contrary to statutes and regulations (committing errors as to facts) and in contravention of duty of procedural fairness (officer should have exercised discretion and asked whether applicant could benefit from ministerial exception)-- Application dismissed-- Even if visa officer mistakenly identified period covered by Marxist government, record clear that applicant did indeed hold office as judge during period covered by Marxist government of Afghanistan --Visa officer not erring in refusing to issue visa --With respect to procedural fairness, in circumstances herein, since visa officer not having any discretion to grant relief from s. 19(1)(l), she did not have to take into account things in file that in applicant's view showed he did not constitute threat to Canada's national interest-- Furthermore, applicant not asking Minister for ministerial exception, when it was his responsibility to do so if he wished to be exempted from non-admissibility--Immigration Act, R.S.C., 1985, c. I-2, s. 19(1)(l) (as am. by S.C. 2000, c. 24, s. 55).