Heneghan J. refers to Silion v. Canada (Minister of Citizenship and Immigration 1999 CanLII 8608 (FC), [1999] F.C.J. No. 1390, where Mackay J. stated at paragraph 11, that in matters of administrative decisions, the rule of "he who hears must decide" does not apply. The decision is essentially an administrative one, made in the exercise of discretion by the visa officer. There is no requirement in the circumstances of this or any other case that he personally interview a visa applicant. There may be circumstances where failure to do so could constitute unfairness, but I am not persuaded that is the case here. Here the IPO did interview the applicant and reported on the results of that interview. That report was considered by the visa officer who made the decision. Staff processing and reporting on applications is a normal part of many administrative processes and it is not surprising it was here that followed. This is not a circumstance of a judicial or quasi-judicial decision by the visa officer which would attract the principle that he who hears must decide, or the reverse that he who decides must hear the applicant.
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