Khan v. Canada ( Minister of Citizenship and Immigration )
IMM-1132-96
Richard J.
12/3/97
9 pp.
Selection criteria-Application for certiorari to quash visa officer's decision refusing to issue immigrant visa to applicant as assisted relative, and for mandamus ordering respondent to reassess applicant under Immigration Regulations, s. 11(3)-After applicant's mother's application for permanent residence, including applicant as accompanying dependant in family class refused, applicant submitted application for permanent residence in assisted relative category-After initial refusal, visa officer re-opened file to see if discretion should be exercised under Regulations, s. 11(3)-Application allowed-Visa officer's discounting of applicant's bona fide job offer in Canada amounted to completely ignoring relevant consideration-Discretion not exercised according to law and visa officer's decision must be set aside-Applicant's application for positive discretion under s. 11(3) directed to be considered and determined by different visa officer-Immigration Regulations, 1978, SOR/78-172, s. 11(3).