2015-01-30 | 2015 FC 123 | IMM-4184-14
Lachica v. Canada (Citizenship and Immigration)
A visa officer’s rejection of an application for a temporary resident visa will be deemed unreasonable if the officer fails to consider relevant evidence.
Lachica sought judicial review of a visa officer’s decision to reject her application for a temporary resident visa
Lachica had applied for the visa in order to come to Canada and provide emotional support for her sister who had undergone three major surgeries over six months.
The visa officer’s reasons for the rejection focused primarily on a concern that Lachica’s family ties in Canada would keep her from returning to the Philippines when the visa expired.
The Federal Court found the officer’s decision to be unreasonable on two fronts. Firstly, the decision failed to take into account or mention the fact that Lachicha had a sister in Manila with whom she was very close. Secondly, the officer failed to incorporate into her final decision a number of important issues that she had previously mentioned in her recorded case notes.
The application for judicial review was allowed and Lachica’s visa application was sent to a new officer to be reconsidered on an expedited basis.