Voskanova v. Canada ( Minister of Citizenship and Immigration )
IMM-2736-98
Nadon J.
1/4/99
11 pp.
Application for judicial review of decision by visa officer at Canadian Consulate General in Buffalo, New York, refusing application for permanent residence in Canada, denying applicant's request to transfer file to Detroit-Applicant Russian citizen whose permanent home address in Russia-Whether visa officer, in exercise of discretion, could refuse to transfer applicant's file from New York to Detroit, could refuse applicant's application for permanent residence on ground failed to attend at scheduled interview on May 1, 1998-Administrative decision makers may, as matter of sound administrative practice, without specific statutory authority for doing so, issue guidelines, other non-binding instruments-Policy in place herein requiring those seeking transfer of files to make request at least two weeks prior to date of interview-Failing timely request, application could be refused-Applicant not making request for transfer in timely manner-Interview scheduled for May 1, request for transfer received on April 30, 1998-Applicant not providing explanation for either non-attendance, request to transfer file from New York to Detroit-Not up to applicant to decide where to be interviewed-Decision made by visa officer-Decision refusing to transfer applicant's file from New York to Detroit one visa officer could make in exercise of discretion-Visa officer not failing to exercise discretion properly-Applicant's argument visa officer fettered discretion without substance-Decision made by visa officer to refuse applicant's application for permanent residence not to be interfered with-Application dismissed.