Zhao v. Canada ( Minister of Citizenship and Immigration )
IMM-777-99
Lemieux J.
9/7/99
16 pp.
Judicial review of visa officer's refusal to process applicant's application for EX-1 Canadian visitor's visa (CVV) for multiple entries for two-year period-Applicant immigration consultant, working in Beijing, P.R.C.-Employed with Canadian immigration consulting firm, which submits majority of immigration visa applications to Canadian Consulate in Detroit, Michigan-On June 10, 1997 Canadian Consulate in Beijing issued applicant EX-1 visitor's visa for one entry into Canada-On June 25, 1997 Canadian Consulate in Detroit issuing applicant EX-1 multiple entry CVV valid for two years-Applicant in Canada from February 8 to 18, 1999-On February 15, went with principal officer of employer to United States to observe preparation of client for immigrant-visa interview-Submitted visa application, fee February 16, 1999-Interviewed same day-Visa officer refused to renew EX-1 visa as application premature-Advised applicant to apply one or two months before expiry of current CVV-De La Cruz v. Canada (Minister of Employment and Immigration) (1989), 26 F.T.R. 285 (F.C.T.D.) on point-Argument visa officer had no right to refuse visa application on ground premature attractive because Act, Regulations contemplating making visa application before expiry of current CVV, normal for visitor's visa to be processed rapidly because entry into Canada for temporary, limited purpose-But argument ignoring decision's context, circumstances-very reason why visa officers, in discharge of statutory duty, given discretion to be properly exercised depending upon circumstances of each case-Read as whole, visa officer properly exercised discretion-Not improper to conclude visa application premature-Otherwise applicant who worked, resided in Beijing, where first CVV issued, could attend any Canadian visa post, file visa application for renewal of multi-entry CVV valid for two years, demand interview by visa officer, demand decision that day because applicant leaving country of filing next day i.e. visa post shopping-Visa officer properly concluded, with reference to application before him, would not be pressured into issuing visa immediately to meet applicant's convenience because applicant's request not simple, required verification, more documentation, required input from Canadian Consulate in Beijing where applicant worked, resided, and CVV file history on applicant-Issuing visitor's visa, particularly multiple entry visa valid for two years not rubber stamping process-Visa officer had statutory duty to perform-No basis for quashing visa officer's decision.