2010 FC 466
April 28, 2010
Principle Established: Visa Officer should have requested more information.
The applicant applied for PR under skilled worker class in 2005 through New Delhi Visa Office and his application was rejected in 2009. He needed 67 points, but he was awarded only 65. Though his spouse had a brother living in Canada, he was not awarded any points for this relationship.
He initially submitted a copy of the relative’s PR card and by the time the application was assessed, the validity on the card was expired.
The issue was to determine whether the Visa Officer should have requested additional information regarding the current status of the relative before refusing the application?
The court found that it was procedurally unfair for the Visa Officer to render a decision based on the expiry date of the PR card, without requesting up-to-date information on the status of the relative. If the Visa Officer wanted more information, she should have asked for it.
The application for judicial review was granted.