What is the effect of a 1995 policy directive on personal suitability for a visa application?
Canada (Federal), Canada
The following excerpt is from Xin v. Canada (Minister of Citizenship and Immigration), 2001 FCT 362 (CanLII):
The applicant also submits, relying on Campbell J.'s decision in Lau v. Canada (Minister of citizenship and Immigration), [1998] F.C.J. No. 543 the visa officer fettered his discretion by incorporating into his assessment a 1995 policy directive sent to all visa posts. In my view, the applicant has failed to establish any factual basis for this assertion. There is no evidence that the visa officer took into account the contents of the policy directive in his assessment of the applicant's personal suitability. If this was a concern, then it should have been addressed during cross-examination of the visa officer.
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