Brysenko v. Canada (Minister of Citizenship and Immigration)

IMM-5139-99

Reed J.

14/9/00

After initial visa officer "provisionally accepted" applicant on selection criteria, second visa officer unsatisfied with decision concerning academic qualifications and sought further information from applicant and second interview with her--Applicant seeking mandamus requiring visa officer to complete processing without reopening decision; also seeking relevant declaratory orders--Applicant arguing selection criteria cannot be reopened for reconsideration by second visa officer as visa officer who made selection functus officio--Alternatively, arguing reopening decision breach of duty of fairness or natural justice--Application dismissed--Functus officio applying to final decisions--Herein, final decision issuance of visa to potential immigrant, and visa officer issuing visa must be satisfied selection criteria have been met--Here, second visa officer making final decision became statutorily obligated to assess applicant's application for permanent residence before issuing visa--Furthermore, second visa officer conveyed concerns to applicant and gave her opportunity to respond--Thus, no breach of fairness.