What is the test for notice of concerns about English language and education in a visa application?
Canada (Federal), Canada
The following excerpt is from Cela v. Canada (Minister of Citizenship and Immigration), 2004 FC 1092 (CanLII):
The applicant submits that the officer failed to observe a principle of natural justice and procedural fairness because she was not given an opportunity to respond to any of the officer's concerns about her education and her English language abilities before a decision was taken. Again, I disagree with this submission. In Parmar v. Canada (M.I.C.), (1997) 1997 CanLII 5771 (FC), 139 F.T.R. 203 at 213 MacKay, J. comments that: ¶ 36 [...] Procedural fairness does not oblige a visa officer, in weighing evidence provided by an applicant, "... to accord an applicant a 'running score' or a penultimate comment on his 'score' ". I would add to this position the view [...] that there is no requirement for notice of an officer's concerns where these arise directly from the Act and Regulations that the officer is bound to follow in his or her assessment of the applicant.
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