Podcast
Questions and Answers
Under which subsection of the Immigration and Refugee Protection Act is this application for judicial review being made?
Under which subsection of the Immigration and Refugee Protection Act is this application for judicial review being made?
What was the visa officer's primary concern regarding the applicant's temporary resident visa application?
What was the visa officer's primary concern regarding the applicant's temporary resident visa application?
What is the applicable standard of review for the visa officer's fact-based findings in this case?
What is the applicable standard of review for the visa officer's fact-based findings in this case?
What is the applicant's nationality, as stated in the provided text?
What is the applicant's nationality, as stated in the provided text?
Signup and view all the answers
Which of the following was cited as a reason for the visa officer's refusal of the temporary resident visa?
Which of the following was cited as a reason for the visa officer's refusal of the temporary resident visa?
Signup and view all the answers
In the context of the standard of review, what phrase is used to describe findings that are 'evidently not in accordance with reason'?
In the context of the standard of review, what phrase is used to describe findings that are 'evidently not in accordance with reason'?
Signup and view all the answers
Which of the following is considered an 'important consideration' within the objectives of the Immigration and Refugee Protection Act?
Which of the following is considered an 'important consideration' within the objectives of the Immigration and Refugee Protection Act?
Signup and view all the answers
What was the stated purpose of the applicant's visit to Canada?
What was the stated purpose of the applicant's visit to Canada?
Signup and view all the answers
According to section 3.(1)(d) of the Act mentioned in the text, what is identified as one of the objectives?
According to section 3.(1)(d) of the Act mentioned in the text, what is identified as one of the objectives?
Signup and view all the answers
In Gupta v. Canada (Minister of Citizenship and Immigration), Gibson J.'s interpretation of the Act's objective of family reunification included the reunion of Canadian citizens and permanent residents with whom?
In Gupta v. Canada (Minister of Citizenship and Immigration), Gibson J.'s interpretation of the Act's objective of family reunification included the reunion of Canadian citizens and permanent residents with whom?
Signup and view all the answers
Which judge, in Zhang, supra, is mentioned as citing Gibson J.'s comments with approval in the context of the current Act?
Which judge, in Zhang, supra, is mentioned as citing Gibson J.'s comments with approval in the context of the current Act?
Signup and view all the answers
According to the Overseas Processing Manual (OP 11 manual), what policy decision was made in April 2005 regarding temporary resident visas (TRVs) for parents and grandparents?
According to the Overseas Processing Manual (OP 11 manual), what policy decision was made in April 2005 regarding temporary resident visas (TRVs) for parents and grandparents?
Signup and view all the answers
Which of the following was NOT a concern noted by the visa officer regarding the applicant?
Which of the following was NOT a concern noted by the visa officer regarding the applicant?
Signup and view all the answers
The court found the visa officer's conclusion that the applicant would not leave Canada upon visa expiry to be 'patently unreasonable' primarily because the officer improperly used which factor?
The court found the visa officer's conclusion that the applicant would not leave Canada upon visa expiry to be 'patently unreasonable' primarily because the officer improperly used which factor?
Signup and view all the answers
The court criticized the visa officer's assertion based on 'cultural practices in Pakistan' because it was considered to be what kind of generalization?
The court criticized the visa officer's assertion based on 'cultural practices in Pakistan' because it was considered to be what kind of generalization?
Signup and view all the answers
Why did the court find the visa officer's dismissal of the applicant's trip to Saudi Arabia as 'not major international travel' to be unreasonable?
Why did the court find the visa officer's dismissal of the applicant's trip to Saudi Arabia as 'not major international travel' to be unreasonable?
Signup and view all the answers
According to section 7 of Chapter 11 of the OP 11 manual, what kind of documents can officers consider as evidence of ability to support an intended visit?
According to section 7 of Chapter 11 of the OP 11 manual, what kind of documents can officers consider as evidence of ability to support an intended visit?
Signup and view all the answers
Despite being satisfied with the 'decent income' of the applicant's grandson and his wife, the visa officer was deemed 'patently unreasonable' for requiring what additional financial proof from the applicant?
Despite being satisfied with the 'decent income' of the applicant's grandson and his wife, the visa officer was deemed 'patently unreasonable' for requiring what additional financial proof from the applicant?
Signup and view all the answers
What was the ultimate decision of the court regarding the visa officer's decision in this case?
What was the ultimate decision of the court regarding the visa officer's decision in this case?
Signup and view all the answers
The term 'patently unreasonable', as used by the court to describe the visa officer's decision, signifies a decision that is:
The term 'patently unreasonable', as used by the court to describe the visa officer's decision, signifies a decision that is:
Signup and view all the answers
The court emphasized that individuals should be judged based on their own behavior, not that of their family members. This principle is most directly relevant to which aspect of the visa officer's reasoning?
The court emphasized that individuals should be judged based on their own behavior, not that of their family members. This principle is most directly relevant to which aspect of the visa officer's reasoning?
Signup and view all the answers
The ministerial guidelines in the OP 11 manual serve to:
The ministerial guidelines in the OP 11 manual serve to:
Signup and view all the answers
What action was ordered by the court regarding the re-determination of the applicant's visa application?
What action was ordered by the court regarding the re-determination of the applicant's visa application?
Signup and view all the answers
Study Notes
Immigration and Refugee Protection Act - Judicial Review - Khatoon v Canada
- Applicant: A Pakistani citizen applying for a visitor's permit (temporary resident visa) to attend her granddaughter's wedding.
- Visa Officer's Decision: Refused the application based on insufficient evidence of leaving Canada and insufficient documentation of host's (grandson & wife) income and assets.
- Standard of Review: Patent unreasonableness. Court will only overturn findings if they are clearly irrational or evidently not in accordance with reason.
- Objectives of the Act: Family reunification is a key objective (section 3(1)(d)). Family reunification includes Canadian citizens/PRs reuniting with close relatives abroad (Gupta v. Canada).
- Ministerial Guidelines (OP 11 manual): Emphasize flexibility for parents/grandparents visiting but not intending to immigrate (specifically, those with PR applications pending).
- Visa Officer's Concerns (CAIPs/Affidavit):
- Applicant's son's undocumented status in Canada raised a concern about applicant's potential intent to stay.
- Stereotypical cultural views of widowed elderly women living with sons, not daughters, were used to question the applicant's intentions.
- A trip from Pakistan to Saudi Arabia was considered a minor trip, not a significant international travel factor and therefore wasn't considered fully
- Reasons for Finding the Officer's Conclusion Patently Unreasonable:
- Family circumstances: The visa officer's concerns about the applicant's son's status do not justify refusal. Individuals must be judged on their own behavior, not on the behavior of family members.
- Cultural generalizations: Stereotypes about women's living arrangements were used to inappropriately question the applicant's intentions and thus the officer reasoned in a patently unreasonable.
- Travel history: A trip to a different country is not a minor trip and should not be downplayed when assessing the applicants travel history.
- Insufficient Documentation: Officer's requirements regarding host's funds were unrealistic. The applicant provided tax returns demonstrating a host's decent income, therefore the officer should have accepted these funds as reasonable evidence and did not need to require additional personal financial documentation from the applicant.
- Evidence Requirements (OP 11 manual): Officers can consider various financial documents (bank statements, employment letters, tax returns) to demonstrate ability to support a visit. The officer was unreasonable to demand additional financial documentation from the applicant, who was already 80 years old.
- Outcome: The court granted the application for judicial review, quashed the visa officer's decision and the case was sent back for review by a different visa officer.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Test your knowledge on the Immigration and Refugee Protection Act, specifically focusing on the judicial review process related to visitor's permits. This quiz covers key objectives of the Act, including family reunification, and examines the standard of review applied by courts in visa refusal cases.
