Can an officer rely on documents that were not communicated to the applicant during the risk assessment process?
Canada (Federal), Canada
The following excerpt is from Jimenez v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 8997 (FC):
The respondent also relies on Bertram v. Canada, [1999] F.C.J. No. 1362, in which Justice Cullen decided that on the risk assessment process, the officer could rely on documents that were not communicated to the applicant.
"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.alexsei.com.
Other Questions
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)
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)
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)
Can a visa officer assess an applicant according to all three options when the applicant chooses to apply under only one of them? (Canada (Federal), Canada)
Is a visa officer required to assess applicants in alternative occupations where the applicant is qualified for and prepared to follow that occupation? (Canada (Federal), Canada)
If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (Canada (Federal), Canada)
What is the applicable standard of review for the purpose of determining an applicant's application for employment? (Canada (Federal), Canada)
What is the impact of the interpreter at the hearing of an applicant's application for a disability benefits application? (MultiRegion, United States of America)
What is the case law around the use of a non-advertised process as a substitute for an applicant’s application? (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)
