What is the standard of review for a visa officer's decision?

Canada (Federal), Canada

The following excerpt is from Alam v. Canada (Minister of Citizenship and Immigration), 2004 FC 182 (CanLII):

The respondent cites the following passage from Lim v. Canada (Minister of Employment and Immigration) (1989), 29 F.T.R. 227, (upheld on appeal (1991), 121 N.R. 241), for the appropriate standard of review to be applied with respect tothe decision of a visa officer: To succeed, the applicant must do more than persuade me that I might have reached a different conclusion from the assessment. He must satisfy me that, as a result of an error in interpretation of the statute, the visa officer failed to carry out the assessment that was required of him, or in the alternative, in carrying out such an assessment, he failed in the duty of fairness to the applicant.

Other Questions


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)
What is the standard of review for a decision by a Public Prosecutions Officer (PRRA) not to be reviewed because it is considered "globally and as a whole"? (Canada (Federal), Canada)
Can a decision maker such as the Immigration Officer on an application for permanent residents in Canada be reviewed on a higher standard of review of patent unreasonableness? (Canada (Federal), Canada)
What is the standard of review applicable in a judicial review of a visa officer's decision? (Canada (Federal), Canada)
What is the standard of review of discretionary decisions by visa officers? (Canada (Federal), Canada)
What are the roles of medical officers and visa officers in decisions such as that under review? (Canada (Federal), Canada)
What is the standard of review of a decision by a Public Prosecutions Officer? (Canada (Federal), Canada)
In what circumstances will the Minister of Citizenship and Immigration review the decision of a visa officer under review? (Canada (Federal), Canada)
What is the standard of review applicable to a judicial review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
What is the standard of review applicable to review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.