How has the visa officer been found to have discussed the issue of sexual orientation and sexual orientation with the applicant during the interview?

Canada (Federal), Canada

The following excerpt is from Hsu v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 7839 (FC):

The visa officer claims in her affidavit that these matters were discussed at the interview. The applicant argues that this affidavit should not be relied upon, since the visa officer"s recollections lack credibility. The visa officer conducted the interview on February 12, 1998, at which time she took notes. She reviewed the file on June 15, 1998 and rendered her decision on the same day. Thus, there is a four month delay from the time of the interview and the time of the decision. The visa officer normally does four interviews per day. Therefore, according to the applicant, the visa officer"s recollections are not reliable, unless they were based on the notes she took at the interview. He relies on Madame Justice Reed"s statement in Parihar v. M.E.I1., regarding the perception of an immigration official as opposed to an applicant on an interview:

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)
If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (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)
Is a visa officer's duty to require an applicant to produce documents which the officer believes is necessary for consideration of an application? (Canada (Federal), Canada)
Is there any case law where a member of the applicant’s medical report concluded that the medical evidence presented by the applicant was inconsistent with the applicant's testimony on the issue of paralysis? (Canada (Federal), Canada)
In a sexual harassment case, is a defendant's sexual orientation relevant to a claim of sexual harassment? (MultiRegion, United States of America)
Does a visa officer have a duty of fairness to conduct an oral interview with an applicant who failed to satisfy the visa officer that she was related to the sponsor? (Canada (Federal), Canada)
When a warrant is issued for a search in the night is silent on the issue of night searches, can the issuing officer be persuaded to authorize a nighttime search? (MultiRegion, United States of America)
What is the applicable standard of review for an officer to determine whether or not they err by giving more weight to a statement by the Canadian migratory integrity officer in Port-au-Prince than the other documents submitted in evidence? (Canada (Federal), Canada)
What are the limits on the amount of time that a court can extend an application to extend the application for an extension of the application? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.