CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Kheiri v. Canada (Minister of Citizenship and Immigration)
IMM-4178-99
Linden J.
29/8/00
7 pp.
Application for judicial review of Visa Section's decision time limit on expired visa could not be extended--Whether visa officer has discretion to extend time limit on visa issued, or functus officio, unable to do so--Although legislation not expressly permitting visa officer to extend time limit on expired visa, legal authorities seem to permit officials making administrative decisions latitude to do so--Doctrine of functus officio not strictly applied to administrative law cases--Visa officer may reopen visa hearing to extend date of effectiveness if in interest of justice to do so in unusual circumstances--Functus officio principle no bar to this--Supreme Court of Canada advised flexibility in administrative cases such as these--Such interpretation consistent with Canada's welcoming immigration policy, as expressed in legislation, numerous judicial decisions--Also in harmony with current tendency evidenced in judicial decisions to avoid technical interpretations of procedural rules that cause injustice--Application allowed.