CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Hernandez v. Canada (Minister of Citizenship and Immigration)
IMM-7787-03
2004 FC 1398, Heneghan J.
12/10/04
11 pp.
Judicial review of visa officer's decision rejecting application for permanent residence in Canada on basis failed to accumulate sufficient points--Applicant, citizen of Peru, applied for admission into Canada as member of Skilled Worker Class on July 3, 2003--Sought assessment as Advertising Manager--Citizenship and Immigration Canada (CIC) advising applicant awarded 69 points, total insufficient to allow admission into Canada as member of Skilled Worker Class--Applicant alleging failure to defer decision until given opportunity to provide evidence concerning settlement funds--Whether visa officer committed reviewable error in dealing with applicant's application--In view of Immigration and Refugee Protection Regulations, s. 76(3) exercise of discretion conferred on visa officer requires consideration of settlement funds when deciding to make substituted evaluation of person's ability to become economically established in Canada--S. 76(3) contemplating two-part assessment: first of points, second relative to settlement funds or award of points pursuant to Regulations, s. 82(2)--S. 76(3) contemplates consideration, weighing of all factors identified in s. 76(1)--Evidence suggesting importation by visa officer of personal standards for exercise of discretion conferred by s. 76(3)--Visa officer improperly fettered discretion-- Application allowed--Immigration and Refugee Protection Regulations, SOR/2002-227, ss. 76(1), (3), 82(2).