CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Mir-Hussaini v. Canada (Minister of Citizenship and Immigration)
IMM-5208-00
2002 FCT 291, MacKay J.
22/3/02
12 pp.
Application for judicial review of visa officer's decision at Canadian Embassy in Damascus, Syria, to remove applicant's son from application for permanent residence in Canada-- Visa officer finding applicant's son not "dependent son" within meaning of Immigration Regulations, 1978, s. 2(1)-- Applicant listing wife, two sons, Ali and Yasser, as dependants on application--On May, 29, 2000, applicant, wife attended interview with visa officer at Embassy--Visa officer stating during many periods, after 19th birthday, when Ali presumably considered student, not full-time student-- Visa officer ignored relevant evidence, failed to provide opportunity to address concerns, thus breaching natural justice by failing to provide procedural fairness to applicant-- Entitled to consider son's academic record among factors in assessing whether genuine full-time student--Visa officer's decision applicant's son not "dependent son" based on opinion not full-time student on continuing basis over years of studies in U.S., in terms of course load, from spring of 1994 when completing high school in Kuwait--Where visa officer, in assessing documents submitted by applicant, adopts own specific standard, test for interpreting documentary record with view to applying regulations, standard not supported, contradicted by evidence from originator of records, officer should provide opportunity for applicant to comment on standard, test proposed, before decision made--Otherwise, visa officer acted without essential respect for duty of fairness owed to applicant--Court warranted in setting aside visa officer's decision--Application allowed--Immigration Regulations, 1978, SOR/78-172, s. 2(1) "dependent son" (as am. by SOR/92-101, s. 1).