Sentences with phrase «visa officer»

He sought to challenge the decision of a Canadian visa officer in New Delhi, India, who had concluded in January 2017 that Sidhu did not meet the requirements for immigration to Canada.

Time and again, visa officers receive applications from spouses or partners sponsoring another spouse or partner soon after being granted settlement in the UK...

Guidelines were promulgated under Article 6 of Overseas Processing Manual 1 to assist visa officers in their deliberations.

That approval is mandated by s. 52 (1) of the Immigration and Refugee Protection Act and is administered by overseas visa officers.

The Court found a fettering of discretion and that a reasonable apprehension of bias existed, and referred the case back to be decided by a different visa officer.

Judicial Review is an administrative law process where Applicants can ask the Federal Court of Canada (and in some jurisdictions other Courts) to review the decision of a tribunal or government - authorized decision maker's decision (i.e visa officer, minster's delegate, etc) on the grounds that it was either (1) unreasonable or (2) was incorrect and breached the Applicant's procedural fairness.

Astute Visa Officer committed to applying knowledge of current immigration laws to ensure lawful entry and exit from the country.

This is a very significant decision for immigration practitioners and lawyers who make requests to Visa Officers or other government officials to have their matters reconsidered.

The Federal Court of Appeal recognized this power in 1989 in its decision in Kahlon v. MEI [1989] FCJ no. 104, when, citing from Justice Thurlow in an earlier decision, it held that the issue was not whether the decision made by a visa officer that an applicant was in a prohibited class (inadmissible) was correct but whether the person was in fact one of the prohibited class.

In addition, for applicants who had been deported from Canada and then sponsored back, in cases in which a visa officer had refused the sponsorship on grounds of bona fides but had not considered the ARC, the IAD would even amend the grounds of refusal to include an ARC refusal in order to ensure that everything would be considered de novo.

Sharma, however, argued that the visa officer approached Sidhu's application with an inappropriate level of skepticism.

Nonetheless, Bining argued in response that Sidhu's knowledge of life and farming in Canada was limited to what anyone driving through southern Alberta could observe and that this level of knowledge was understandably not sufficient to convince a visa officer that he could be successful.

It was the DoJ's position that Sidhu had not convinced the visa officer that he had the intention and ability to purchase and maintain a farm in Canada.

One of the visa officer's notes was that Sidhu's hands were too clean to be a farmer of 25 years — but as Sharma argued, managing a farm and working in the fields are two very different things.

In a recent decision of the Federal Court in Hosseini v. Canada, [1] a visa officer's decision that a 62 - year - old retired chemical engineer posed a danger to the security of Canada was eviscerated in a strongly worded condemnation of both the process used by the officer and the very basis of the decision.

The visa officer's letter refusing the application was finalized prior to Xu's interview.

The visa officer gave Xu the letter at the end of the interview without any modifications to reflect the impact of the interview.

For example, if the visa officer on cross examination promises a copy of a document but then does not produce a copy or is taking too long the Applicant would bring a motion at the Federal Court to seek an order to have the officer produce the document.

If successful the matter would then go before another visa officer for an interview.

The Respondent's affidavit materials usually consist of an affidavit from the visa officer or someone in the office that has knowledge of the file.

If the foreign worker is under an ESDC - confirmed work permit, the Visa officer must receive a new ESDC confirmation for the job the foreign worker wishes to continue working in via an extension.

In Kaur v. Canada (Citizenship and Immigration), 2010 FC 758, for example, the Federal Court dismissed a judicial review application of a visa officer's refusal of an applicant under the Federal Skilled Worker Program.

A review of that document indicated that the visa officer must determine if the job offer is genuine and if the employment of the foreign national is likely to have a neutral or positive economic effect on the labour market in Canada.

A visa officer determined that the application was deficient as it failed to include required information regarding the applicant's salary and benefits.

[148] Had Galloway actually been found inadmissible by a visa officer relying on the preliminary assessment and the alerts sent to the border points, I would have had little difficulty in concluding that the officer's discretion had been fettered by the process followed in this case and that the emails and statements to the press raised a reasonable apprehension of bias.

[There] may still be a duty on the part of a Visa Officer, in certain situations, to provide an applicant with the opportunity to respond to his or her concerns, in accordance with the rules of procedural fairness.

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