CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Persons with Temporary Status |
Mohamed v. Canada (Minister of Citizenship and Immigration)
IMM-4808-00
2001 FCT 983, O'Keefe J.
31/8/01
11 pp.
Application for judicial review of visa officer's decision refusing application for student visa on grounds not satisfied applicant, citizen of Kenya, bona fide visitor to Canada--After application for permanent residence in Canada denied in 1999, applicant decided to upgrade education in field of electronic engineering technology and was accepted to technical school in Calgary for 3-year program, hence application for student visa--Brother residing in Calgary--Issues: whether visa officer breached duty of fairness in making negative decision without first providing applicant with opportunity to respond to any concerns visa officer may have had; whether visa officer based decision on irrelevant consideration; whether visa officer erred in law in concluding applicant not seeking entry into Canada for temporary purpose--Application allowed--Departmental guideline requiring visa officer show applicant made aware of outside information taken into account and given opportunity to address concerns--Mittal v. Canada (Minister of Citizenship and Immigration) (1998), 2 Imm. L.R. (3d) 300 (T.D.), approving guideline, applied--Here, visa officer used evidence concerning conditions in Kenya without giving applicant opportunity to address evidence, thereby breaching duty of procedural fairness.