CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Patel v. Canada (Minister of Citizenship and Immigration)
IMM-495-00
2002 FCT 318, McKeown J.
22/3/02
4 pp.
Application for judicial review of visa officer's decision refusing applicant's application for permanent residence-- Whether visa officer erred in returning bank draft in amount of US$2,246 by treating it as C$2,246 when fee C$3,050--Applicant submitting application for permanent residence to Canadian High Commission in New Delhi, India on April 28, 1997 with bank draft of US$2,246 (worth more than C$3,050)--Correct amount in Canadian dollars received by respondent on May 7, 1997--Respondent considering application to be "locked in" subsequent to May 1, 1997--Question of whether payment could be made in U.S. dollars not arising as visa officer erred in treating bank draft as Canadian dollar draft instead of U.S. dollar draft, wrote to applicant had not paid sufficient funds--Visa officer should have applied Canadian Classification and Dictionary of Occupations criteria instead of National Occupation Classification criteria since application received prior to May 1, 1997, namely April 28, 1997--Application granted.