Valentinov v. Canada ( Minister of Citizenship and Immigration )
IMM-1482-97
Gibson J.
26/2/98
7 pp.
Application for judicial review of visa officer's refusal of applicant's application for permanent residence after allowing only two units of assessment for knowledge of English-Visa officer's administrative assistant administered two tests to Mr. Valentinov to determine ability to read, write and comprehend English-Visa officer later reviewed assistant's comments, written and oral, about how applicant read text-Issues whether respondent failed to give applicant opportunity to disabuse her of any improper assumptions or beliefs she may have had; and whether respondent erred in improperly delegating to third party assessment of some or all of Valentinov's language skills-Application allowed-Affidavit submitted by respondent with respect to first issue given no weight as mostly hearsay-Furthermore, applicant's solicitors not provided with opportunity to respond-However, no authority for proposition such obligation, in fairness or otherwise, exists-As to improper delegation, nothing authorizing visa officer to delegate responsibility to test language skills under Immigration Regulations, 1978 s. 8(1)-Where visa officer delegates statutory responsibility without authority to do so, commits jurisdictional error-On facts, unauthorized delegation of visa officer's duty to assess applicant's ability to read English-Visa officer's decision therefore based on jurisdictional error and must be declared invalid, notwithstanding that visa officer might well have come to same conclusion if had assessed applicant herself-Immigration Regulations, 1978, SOR/78-172, s. 8(1) (as am. by SOR/92-133, s. 2).