Su v. Canada ( Minister of Citizenship and Immigration )
IMM-668-97
Heald D.J.
8/10/97
5 pp.
Judicial review of visa officer's refusal of application for permanent residence because failed to attend interview-Applicant invited to attend interview in Buffalo, N.Y. for assessment of level of experience as cook, foreign foods-Letter warning failure to attend interview could result in refusal of application-Also stating Consulate General could not intervene in event U.S. authorities refusing admission-Further stating impossible to provide any assurance of readmission to Canada following interview-Applicant twice advising unable to attend-On second occasion indicating could not obtain requisite U.S. B-2 visa-Requesting, by letter, assistance of Canadian Consulate in obtaining visa to enable him to attend interview-Application allowed-Failure to attend interview constituting inadmissibility per se where same visa officer performing assessment, ordering interview-But here analyst doing initial screening recommending applicant attend interview so that information supplied by him could be verified-Visa officer who finally denied application so deciding because apparent applicant not attending interview-No indication considered total circumstances, merits of application-Immigration Act, s. 9(2) clearly requiring visa officer to assess application on merits-Visa officer failing to exercise any independent judgment, fettering exercise of discretion-Not assessing application on merits-Application allowed-Immigration Act, R.S.C., c. I-2, s. 9 (as am. by S.C. 1992, c. 49, s. 4).