2 total
Judicial review granted; misrepresentation finding procedurally unfair and unreasonable for lack of notice.
The applicant applied for an open work permit based on her spouse's employment in Canada.
The Visa Officer refused the application and found the applicant inadmissible for misrepresentation for failing to establish the genuineness of her marriage.
The Federal Court held the decision was procedurally unfair because the applicant was not notified prior to her interview that the genuineness of her marriage was in question, depriving her of the opportunity to properly prepare and provide responsive evidence.
The Court also found the decision unreasonable as the officer failed to engage with the applicant's viva voce evidence.
The application for judicial review was granted and the matter remitted for redetermination.
Judicial review granted where officer failed to provide applicant opportunity to address adverse credibility concerns.
The applicant sought judicial review of a visa officer's decision refusing his application for criminal rehabilitation.
The officer based the refusal largely on the applicant's prior failure to disclose his US criminal conviction in a 2009 visa application, inferring an intention to deceive.
The Federal Court held that the officer breached procedural fairness by making this adverse credibility finding without affording the applicant an opportunity to explain the 2009 omission.
