Ali v. Canada ( Minister of Citizenship and Immigration )
IMM-4702-99
Campbell J.
15/10/99
7 pp.
Application for judicial review of alleged decision of visa officer at Canadian Embassy in Tunis, Tunisia refusing to issue Minister's permit to applicant under Immigration Act, s. 37-Applicant citizen of Libya-Moved to Canada in August 1994, living with husband in Swift Current, Saskatchewan-Husband filing application for permanent residence with applicant as dependant at Canadian Consulate General in Buffalo, New York-Applicant travelling to Tripoli, Libya following sister's death-Minister's delegate informing applicant of decision to refuse her application for visitor's visa as she did not meet definition of visitor-Whether Minister's delegate made "decision" within meaning of Federal Court Act, s. 18.1-Words "I have however set the condition under which I would be ready to issue a permit" constituting decision to limit criteria to be considered on Ministerial permit respecting applicant to those contained in section 2.8.1 of Immigration Manual: Overseas Processing, OP 19, Minister's Permits. Ottawa: Citizenship and Immigration Canada, 1996 (loose-leaf)-Manual having significant importance respecting soundness of decision-making in present application-Criteria to be applied on application for Minister's permit including all those outlined in section 2.8-Limit placed by Minister's delegate error of law-Application allowed-Immigration Act, R.S.C., 1985, c. I-2, s. 37 (as am. by S.C. 1992, c. 49, s. 26)-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5).