2009 FC 1312
December 23, 2009
Principle Established: Consideration should be given to the reason for a request for extension.
The applicant applied for a permanent resident visa as a federal skilled worker. He was given 90 days to provide IELTS test results. During the 90 days, the applicant was unable to secure a seat for the exam and made a request to the visa office for a 60 day extension. The Visa Office received his request for extension after the 90 days period and thereafter refused his application.
The issue is whether the visa office should have considered the request for extension of time.
The Court found that the refusal to grant an extension of time was unreasonable. The Visa Officer should have exerted his discretion to grant an extension considering the reason for the delay and that the applicant had provided proof he got registered for the next available test.
The application for judicial review was allowed and the visa officer’s decision set aside