CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Gakar v. Canada (Minister of Citizenship and Immigration)
IMM-5851-99
Teitelbaum J.
18/5/00
14 pp.
Judicial review of visa officer's refusal of application for permanent residence--Applicant requested consideration under occupations of Management Consultant, Financial Controller--Applicant earned Bachelor of Commerce degree in 1985, Master of Arts degree in 1988, Master of Commerce degree in 1990, Master of Business Administration in 1992--Visa officer not satisfied applicant engaged in full-time studies for first degree--Directed applicant to provide proof bachelor studies full-time--Gave applicant 30 days in which to furnish proof--Nine days before deadline applicant faxing letter to visa officer indicating unable to gather necessary documents within 30-day period, requesting additional 30 days to comply with requirements--Visa officer refused extension--Applicant submitting documentation approximately 12 days after deadline--Application allowed--Decision not to extend 30-day delay to allow applicant to furnish proof of full-time student status breach of duty of fairness--Application for permanent residence submitted in Hong Kong, but university studies from 1982 to 1985 in New Delhi, India--Conceivable, not unreasonable, would take more than 30 days in which to gather information, proof requested--As applicant attempting to comply with visa officer's direction, versus attempting to delay, frustrate process, visa officer ought to have extended deadline--Visa officer must be flexible, understanding when interviewing applicant--Visa officer giving no valid reason for refusal of extension--Refusal not understandable when first such request, having no adverse effect on respondent, particularly when respondent, in setting up interview took extra two months from that originally promised--Additionally, visa officer, when giving applicant 30 days to get required document, spoke of bachelor of arts degree when applicant never claimed to have such degree--Matter returned for new hearing before different visa officer.