What is the test for disentrusting a visa officer of an initial assumption that a person coming to Canada is an immigrant?
Canada (Federal), Canada
The following excerpt is from Dhanoa v. Canada (Citizenship and Immigration), 2009 FC 729 (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…”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
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)
Is a person who applies for a visitor's visa under section 9(1.2) of the Immigration Act, or is the applicant required to prove to a visa officer that they are not an immigrant? (Canada (Federal), Canada)
What are some of the key decisions of the Court of Appeal of Canada on the determination of a person's residence where they have left Canada? (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)
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)
Can a hearing officer, parole officer, hearing officer and parole official be immunized from prosecution? (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)
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)
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)
Does the arrest and subsequent courts-martial of a person who masqueraded as a military officer affect the conviction of the person who was arrested? (MultiRegion, United States of America)
