CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Inadmissible Persons |
Hussain v. Canada (Minister of Citizenship and Immigration)
IMM-4712-01
2003 FCT 604, O'Keefe J.
15/5/03
11 pp.
Judicial review of visa officer's decision refusing applicant's application for permanent residence in Canada-- Applicant citizen of Pakistan submitting application for permanent residence in Canada in independent selection category as mechanical engineer--Received 76 units of assessment in intended occupation of mechanical engineer-- Visa officer requesting proof of source of funds contained in bank account--Documents submitted to attempt to show source of funds--Visa officer refusing application on ground applicant member of inadmissible class of persons described in Immigration Act, s. 19 (1)(b), has not demonstrated ability to support himself, family in Canada--Whether visa officer acted without jurisdiction, beyond jurisdiction in refusing application for landing--Immigration Act, Immigration Regulations, 1978 not requiring applicant to prove source of funds when applying under independent category--Applicant had to prove funds in his possession so that, during initial settlement, will be able to support himself, family, not draw on social assistance--View supported by second last paragraph of s. 7.2 of The Immigration Manual recommend-ing that applicant be in possession of certain amount of funds--Visa officer made reviewable error in determining applicant did not "have sufficient liquid assets available as settlement funds"--Application allowed--Immigration Act, R.S.C., 1985, c. I-2, s. 19 (as am. by R.S.C., 1985 (3rd Supp.), c. 30, s. 3; S.C. 1992, c. 47, s. 77, c. 49, ss. 11, 122(c),(d); 1995, c. 15, s. 2; 1996, c. 19, s. 83; 2000, c. 24, s. 55)-- Immigration Regulations, 1978, SOR/78-172.