What is the test for determining whether or not a visa was refused for a "facially legitimate and bona fide" reason?
MultiRegion, United States of America
The following excerpt is from Atiffi v. Kerry, No. CIV. S-12-3001 LKK/DAD (E.D. Cal. 2013):
Since the visa refusal in this case is alleged to violate plaintiff's liberty interest in his marriage, the court must also review the refusal to determine whether or not it was refused for a "facially legitimate and bona fide" reason. Din v. Kerry, 718 F.3d at 860. However, as in Din v. Kerry, the government has instead cited only a broad statutory basis for the refusal, thus failing to meet its mandatory duty.
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