Lakhani v. Canada ( Minister of Citizenship and Immigration )
IMM-1047-96
Heald D.J.
7/10/96
9 pp.
Application for judicial review of visa officer's decision dismissing application for permanent residence-Applicant only having 63 units after assessment-70 units required to pass selection process-Applicant also failing to disclose criminal conviction in U.S. for driving under influence of Drugs/Alcohol, dating from 1987-Visa officer declining to exercise positive discretion to recommend application be accepted-Alleging visa officer's failure to initiate rehabilitation process for applicant's benefit reviewable error-Application dismissed-Condition precedent to favourable recommendation from visa officer is decision of Governor in Council that applicant "rehabilitated"-Visa officer not obliged to inform applicant of existence of process nor to initiate process for applicant's benefit-Applicant also not denied procedural fairness due to twoyear delay between application and decision-Procedural fairness not denied due to two-year delay in rendering decision in circumstances of case-In any event, all breaches of natural justice will not necessarily render tribunal's decision void.