CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Wong v. Canada (Minister of Citizenship and Immigration)
IMM-5814-01
2002 FCT 1093, Martineau J.
18/10/02
8 pp.
Judicial review of visa officer's determination applicant not accumulating enough units of assessment to warrant interview pursuant to Immigration Regulations, 1978, s. 11.1(a)(i) and Immigration Act (1985), s. 9(4) and denial of applicant's application for permanent residence--Whether visa officer should have exercised discretion under Immigration Regulations, 1978, s. 11(3)--Applicant, citizen of Malaysia, applied for permanent residence under independent category of Technical Sales Specialist--Applicant employed by Affordable Auto Parts Ltd.--Visa officer finding applicant not possessing permanent job validation by HRDC and occupation not designated--Visa officer having discretion under Immigration Regulations, 1978, s. 11(3) to grant or deny visa to person not meeting requirements under Act or Regulations if good reasons shown--Lam v. Canada (Minister of Citizenship and Immigration) (1998), 152 F.T.R. 316 (F.C.T.D.) holding if applicant wishes visa officer to exercise discretion, some form of application required--Application can be express or implied--Consultant's assessment not constituting application--Absent visa officer's bad faith, consultant's assessment not reason to overturn decision--Visa officer's assessment not unreasonable--Visa officer not fettering discretion, acting in bad faith, committing error of law --Application for judicial review dismissed--Immigration Act, R.S.C., 1985, c. I-2, s. 9(4) (as am. by S.C. 1992, c. 49, s. 4)--Immigration Regulations, 1978, SOR/78-122, ss. 11(3), 11.1(a)(i) (as enacted by SOR/92-133, s. 3).