CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Jesuthasan v. Canada (Minister of Citizenship and Immigration)
IMM-5094-00
2002 FCT 872, Layden-Stevenson J.
15/8/02
8 pp.
Judicial review of visa officer's decision applicant's biological grandson not admissible for admission to Canada as not adopted son within meaning of Immigration Regulations, 1998--Issue whether breach of procedural fairness by visa officer in that grandson, then 12 years old, interviewed individually, without consent of grandmother, in absence of any relative, guardian, trusted friend--Application allowed--Not unreasonable for visa officer to question 12-year-old child alone where adult present interrupted questions asked of child, attempted to answer for him--However, visa officer must ensure child understands nature of proceeding, understands importance of telling truth, indicates willingness to tell truth, and where questions relates to previous time frame, ensure child has capacity to remember time in question --No indication visa officer considered, let alone addressed, any of these factors--Visa officer relied exclusively on child's answers to questions regarding living arrangements between ages 18 months old and 10 years despite adult's evidence, documentary evidence to contrary--Not open to visa officer to assign such probative value to child's responses without first addressing factors listed above--Visa officer's omission constituting breach of procedural fairness.