What is a visa officer's discretion under subsection 11(3) of the Immigration Regulations?

Canada (Federal), Canada

The following excerpt is from Chaudhry v. Canada (Minister of Citizenship and Immigration), 2003 FCT 229 (CanLII):

The visa officer's discretion under subsection 11(3) of the Regulations is to issue an immigrant visa to an immigrant who is not awarded the number of units of assessment if, in his opinion, there are good reasons why the number of units of assessment awarded do not reflect the chances of the particular immigrant becoming successfully established in Canada. Robertson J.A. in Chen v. Canada (Minister of Employment and Immigration) 1993 CanLII 3010 (FCA), [1994] 1 F.C. 639, upheld 1995 CanLII 125 (SCC), [1995] 1 SCR 725 held that the determination criteria under subsection 11(3) "must be restricted to matters relating to their ability to make a living". Applying this criteria, the applicant has already successfully established himself in Canada with respect to his ability to make a living. Page: 7

Other Questions


Is there an obligation on a Canadian visa officer to exercise discretion under subsection 11(3) of the Immigration Regulations? (Canada (Federal), Canada)
When a hearing officer disagrees with a decision made by the reviewing officer on the issues with which he disagreed with the hearing officer, how will the review officer's decision be considered? (MultiRegion, United States of America)
Can a hearing officer, parole officer, hearing officer and parole official be immunized from prosecution? (MultiRegion, United States of America)
Does the Immigration Judge have a duty to determine whether an alien is eligible for suspension of deportation under section 1254 of the Immigration Regulation? (MultiRegion, United States of America)
Does the Minister of Employment and Immigration have an obligation to produce all relevant information to an immigration officer? (Canada (Federal), Canada)
Is a visa officer's manager entitled to disagree with an officer's recommendation if the visa officer has not conducted an oral interview? (Canada (Federal), Canada)
Does Section 241(f) of the Immigration and Naturalization Service Act apply to aliens who gain entry as a result of fraud in obtaining immigrant visas or fraud upon being inspected as immigrants at the point of entry? (MultiRegion, United States of America)
What is the duty of fairness of an immigration officer making a decision pursuant to section 114(2) of the Immigration Code? (Canada (Federal), Canada)
What is the result of a reviewable error in a visa officer's interpretation of paragraph 20(1.1)(a) of the Regulations Regulations? (Canada (Federal), Canada)
Is subsection 2(1) of the Immigration Regulations ultra vires? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.