CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Immigration Inquiry Process |
Ye v. Canada (Minister of Citizenship and Immigration)
IMM-2693-00
Heneghan J.
19/1/01
8 pp.
Judicial review of visa officer's denial of student visa on grounds not satisfied not immigrant or that had adequate financial resources for intended studies--(1) Applicant arguing visa officer acted unfairly when processed application without giving him prior opportunity to respond to concerns about deficiencies in financial information provided--Submitting manual issued by Citizenship and Immigration imposing duty on visa officer to give him opportunity to supplement information submitted--Argument cannot succeed--Immigration manual primarily guideline--Burden on applicant to produce necessary documentation in support of application--While visa officer could have requested further information, under no duty to do so--(2) Applicant claiming visa officer erred in law when concluded credibility of financial information diminished because application included in group of other student applications--Respondent submitting reference to group applications relevant factor to be considered as relating to "totality of circumstances"--"Totality of the circumstances" in Wong (Litigation Guardian) v. Canada (Minister of Citizenship and Immigration) (1999), 246 N.R. 377 (F.C.A.) referring to circumstances of individual applicant, not to general group of applicants about whom nothing else known--Visa officer considered irrelevant matter in reaching decision--Error of law--Application allowed.