What is the legal test for disentrusting a visa officer of an initial assumption that a person coming to Canada is an immigrant?
British Columbia, Canada
The following excerpt is from Raturi v. British Columbia, 2017 BCSC 9 (CanLII):
While it is true that a person coming here is initially presumed to be an immigrant, that there is therefore an onus upon him to disabuse the visa officer of that notion, and that the decision under review is a highly discretionary one, it must be kept in mind as stated in Roncarelli v. Duplessis 1959 CanLII 50 (SCC), [1959] S.C.R. 121 “…there is no such thing as absolute and untrammelled ‘discretion’ …there is always a perspective within which a statute is intended to operate.
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