Mai v. Canada ( Minister of Citizenship and Immigration )
IMM-6106-98
Gibson J.
20/9/99
5 pp.
Application for judicial review of visa officer's (VO) decision, at Canadian High Commission in Malaysia, rejecting application for permanent residence in Canada on basis applicant failed to appear for interview appointment-Applicant's immigration consultant (IC), to whom applicant's immigration correspondence had been sent, went bankrupt and charged by RCMP with immigration fraud-Whether VO breached duty of fairness in failing to determine, before rejecting application, whether applicant had received notice of interview-Application dismissed-VO, on facts herein, did not owe applicant duty of fairness extending to ensuring that applicant had received notice of interview-Onus on applicant to ensure his selected IC effectively processed application-Failure to discharge onus did not cast onto VO obligation to assume applicant's onus, notwithstanding that VO, six days before scheduled interview, became aware that IC in difficulty-In view of frequency of situations where immigration consultants in difficulty, following question, considered of general importance, certified: whether VO, who is processing application for permanent residence designating mailing address for applicant as mailing address of IC, owing duty to applicant to ensure that applicant has received notice of scheduled interview where VO has become aware IC has encountered difficulties liable to impact on service provided by consultant to applicant.