Park v. Canada ( Minister of Citizenship and Immigration )
IMM-1063-97
Richard J.
4/2/98
11 pp.
Application to set aside immigration officer's decision denying applicant's application for permanent residence in Canada and mandamus compelling visa officer to issue immigrant visas to applicant, wife and two sons-At interview with immigration officer at Canadian embassy in Seoul, South Korea, in August 1995, applicant met selection criteria as entrepreneur and stated had not been convicted or charged with any crime or offence in any country-In December 1995 letter sent to applicant indicating Embassy prepared to issue visa as appeared had complied with all statutory requirements for immigration, but must provide Resident Passport, required to facilitate access to foreign exchange for ultimate settlement in Canada-Embassy learned, in January 1996, applicant had, in fact, been charged and convicted of impaired driving four years before-After second interview in January 1996 to clarify admissibility issue, equivalency examination determined applicant criminally inadmissible-Issues: whether immigration officer functus; whether decision incorrect on its face as cites wrong provisions of Immigration Act; whether evidence to support finding of equivalence-Application dismissed-Visa officer fulfilling duty to consider all relevant evidence affecting admissibility at all times prior to landing and, in circumstances, entitled not to deliver immigrant visa to applicant as inadmissible-Applicant's inadmissibility to Canada existed all along-Even if can be said immigration officer reconsidered decision, officer entitled to do so in circumstances-Visa herein had not been physically given to applicant before criminal inadmissibility discovered-Visa officer had jurisdiction to make negative determination-Incorrect references to Act provisions not material to decision as proper sections of Act applied to applicant's case-Evidence before officer applicant driving motor vehicle and stopped by police with .24% blood alcohol level, act which, if committed in Canada, offence punishable under Criminal Code, s. 253-Question certified: Once decision to issue immigrant visa taken, is visa officer functus officio or, does visa officer have jurisdiction to reconsider decision on ground of holder's inadmissibility prior to issuance of visa?-Criminal Code, R.S.C., 1985, c. C-46, s. 253 (as am. by R.S.C., 1985 (4th Supp.), c. 32, s. 59).