CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Immigration Inquiry Process |
John v. Canada (Minister of Citizenship and Immigration)
IMM-62-02
2003 FCT 257, Linden J.A., ex officio
28/2/03
7 pp.
Judicial review of visa officer's refusal of application for permanent residence as independent applicant after refusing to assess applicant as member of assisted relative class-- Applied for permanent resident visa as member of assisted relative class on basis maternal aunt Canadian citizen residing in Toronto--As requested, applicant provided copy of aunt's birth certificate--At second interview, applicant was told aunt's birth certificate fraudulent--Visa officer concluded applicant knew birth certificate false--Applicant not advised of purpose of second interview until arriving at interview-- For this reason, clear applicant not given full opportunity to respond to visa officer's concerns about authenticity of aunt's birth certificate--Not established applicant had prior knowledge about fraudulent quality of birth certificate-- Consequently, visa officer breached duty of fairness by not giving applicant ample opportunity to respond to specific problem applicant faced--Judicial review allowed.