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Judicial review granted; refusal of study permit was procedurally unfair and unreasonable.
The applicant, a citizen of Nigeria, sought judicial review of a visa officer's decision refusing his application for a study permit.
The officer was not satisfied that the applicant would leave Canada at the end of his stay or that he had sufficient funds to support himself and pay tuition.
The Federal Court granted the application, finding that the officer made veiled credibility findings regarding the applicant's relationship with his uncle and his intended purpose in Canada without providing him an opportunity to respond, thereby breaching procedural fairness.
The Court also held that the decision was unreasonable, as the officer failed to justify conclusions regarding the applicant's financial resources and the progression of his studies.
