CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Lee v. Canada (Minister of Citizenship and Immigration)
IMM-98-01
2003 FCT 743, Layden-Stevenson J.
13/6/03
15 pp.
Judicial review of visa officer's decision denying applicant's application for permanent residence in Canada, of confirmation of decision by consul and deputy program manager--Applicant submitted application for permanent residence to Canadian Consulate General in New York in February 1999--Application refused by two different visa officers--Manager forwarded "no review" letter to applicant indicating decision of visa officer final--Similarity between visa officer's reasons, reasons of previous visa officer whose decision quashed on judicial review not constituting contempt of court, abuse of process, not falling within doctrine of res judicata, issue estoppel, not demonstrating willful blindness to court's decision justifying award of costs--Decisions of both visa officers not identical--Second refusal based wholly on applicant's failure to meet requirements for self-employed person--Although end result in each decision same, tests applied, factual findings, relied upon by visa officers, different--No abuse of process, contempt of court--Doctrine of res judicata not applicable--With respect to issue estoppel, no determination with respect to specific issue on first judicial review--Issue estoppel not applicable--Visa officer did not breach duty of fairness by failing to demonstrate in her reasons how assessment differs from assessment of previous visa officer, by failing to raise concerns with applicant, to allow applicant adequate opportunity to respond--Second visa officer's reasons for refusing applicant's application not identical to those of first visa officer--Visa officer did not err in law by placing undue emphasis on lack of previous business experience in assessing applicant's ability to establish successful business in Canada, by considering, as part of final assessment, whether applicant's proposed business would "make significant contribution to economy, cultural or artistic life of Canada"--In assessing applicant in self-employed category, visa officer did not err in law--Application dismissed.