CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Inadmissible Persons |
Mirzaii v. Canada (Minister of Citizenship and Immigration)
IMM-5822-01
2003 FCT 164, Heneghan J.
13/2/03
5 pp.
Judicial review of visa officer's refusal of application for student authorization to enter Canada--Decision to issue visa administrative, involving exercise of discretion--Visa officer entitled to rely on information gathered by assistant--No evidence visa officer's assistant did anything more than obtain information from applicant--Actual decision made by visa officer who was justified in relying on facts obtained in interview and recorded--Regarding lack of procedural fairness resulting from failure of respondent to provide applicant with opportunity to resolve concerns about applicant's application, visa officer not interviewing applicant, so clearly not raising any concern with applicant--Visa officer imported extraneous element into decision-making process in considering "tendency of young persons" wishing to leave Iran permanently to enrol in "lower" educational programs in Canada to gain entry more easily, and limited employment opportunities in Iran "even for university graduates" in reaching conclusion applicant unlikely to return to Iran after completion of studies in Canada--Reliance on extraneous consideration giving rise to reviewable error--Visa officer cannot stereotype applicant based on experience-- Application for judicial review allowed.