1 total
Judicial review granted where officer unreasonably inferred lack of intent to reside.
The applicant sought judicial review of a visa officer's decision refusing his application for permanent residence under the Quebec Skilled Worker Class.
The officer concluded that the applicant lacked the intention to reside in Quebec, relying on correspondence from the applicant's counsel exploring other immigration options after the provincial government cancelled his application under new legislation.
The Federal Court held the decision was unreasonable, finding the officer misinterpreted the applicant's attempt to resolve a bureaucratic issue as an intention to live elsewhere.
The Court also found a breach of procedural fairness, as the officer requested information from the province but rendered his decision before receiving the response, which contradicted the officer's assumptions.
