Does a visa officer err in law and in fact by not evaluating the applicant under another occupation for which he may be qualified?

Canada (Federal), Canada

The following excerpt is from Siforov v. Canada (Minister of Citizenship and Immigration), 2001 FCT 724 (CanLII):

Issue 2 Did the visa officer err in law and in fact by not evaluating the applicant under another occupation for which he may be qualified? There is no duty imposed on a visa officer to search out other alternative occupations and then evaluate the applicant in those occupations. It would be a different situation if the applicant had asked to be assessed in an alternative occupation (see Hajariwala v. Canada (Minister of Employment and Immigration et al.) (1988), 6 Imm. L.R. (2d) 222 (F.C.T.D.)). Therefore, I find that the visa officer did not make an error in this respect.

Other Questions


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)
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 there inconsistency in awarding units of assessment under the experience factor where the visa officer concludes that the applicant is not qualified for the intended occupation? (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)
If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (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 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)
What is the applicable standard of review for the purpose of determining an applicant's application for employment? (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)
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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.