Immigration and Refugee Act - Judicial Review Quiz

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Questions and Answers

Under which subsection of the Immigration and Refugee Protection Act is this application for judicial review being made?

  • Subsection 72(1) (correct)
  • Subsection 2001(1)
  • Subsection 27(1)
  • Subsection 179(1)

What was the visa officer's primary concern regarding the applicant's temporary resident visa application?

  • The applicant's intention to overstay beyond the authorized period. (correct)
  • The applicant's insufficient funds for the visit.
  • The applicant's lack of familial ties in Canada.
  • The applicant's incomplete application form.

What is the applicable standard of review for the visa officer's fact-based findings in this case?

  • Reasonableness simpliciter
  • Patent unreasonableness (correct)
  • Correctness
  • Balance of probabilities

What is the applicant's nationality, as stated in the provided text?

<p>Pakistani (A)</p> 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?

<p>Insufficient documentation regarding income and assets. (B)</p> 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'?

<p>Patently unreasonable (B)</p> 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?

<p>Family reunification (C)</p> Signup and view all the answers

What was the stated purpose of the applicant's visit to Canada?

<p>To attend her granddaughter's wedding. (A)</p> 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?

<p>To promote family reunification in Canada. (B)</p> 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?

<p>Close relatives from abroad. (A)</p> 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?

<p>Pinard J. (B)</p> 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?

<p>To encourage visa officers to be more flexible in issuing TRVs, including multiple entry visas. (A)</p> Signup and view all the answers

Which of the following was NOT a concern noted by the visa officer regarding the applicant?

<p>The applicant had no known relatives residing outside of Pakistan and Canada. (C)</p> 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?

<p>The immigration status of the applicant's son in Canada. (A)</p> 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?

<p>A gross generalization. (B)</p> 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?

<p>Because a trip from Pakistan to Saudi Arabia is, in fact, international travel. (A)</p> 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?

<p>A combination of various resource documents, including bank statements and employment letters. (D)</p> 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?

<p>Evidence of the applicant's personal funds. (C)</p> Signup and view all the answers

What was the ultimate decision of the court regarding the visa officer's decision in this case?

<p>The court quashed the visa officer's decision and remitted the matter for re-determination. (C)</p> 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:

<p>Clearly and obviously irrational or illogical. (D)</p> 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?

<p>The imputation of potential overstay due to the son's immigration status. (A)</p> Signup and view all the answers

The ministerial guidelines in the OP 11 manual serve to:

<p>Provide guidance and flexibility to visa officers in discretionary decision-making. (C)</p> Signup and view all the answers

What action was ordered by the court regarding the re-determination of the applicant's visa application?

<p>A different visa officer was assigned to re-determine the application. (A)</p> Signup and view all the answers

Flashcards

Judicial Review

An application submitted to a court to review a decision made by a government official.

Reasons for Judgment

A legal document outlining the reasons for a court's decision.

Temporary Resident Visa Application

The process of verifying that a person satisfies all the requirements to enter Canada.

Visa Officer

An immigration officer responsible for assessing visa applications.

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Patent Unreasonableness

The standard of review used to assess whether a decision is unreasonable or illogical.

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Discretion

The power the government has to make decisions in its area of responsibility.

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Letter of Invitation

The document submitted by the person inviting someone to Canada.

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Immigration and Refugee Protection Act

The primary legislation governing immigration and refugee protection in Canada.

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Family Reunification in Canada

The Canadian government's goal of facilitating family reunions, particularly for Canadian citizens and permanent residents with close relatives abroad.

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Section 3.(1)(d) of the Act

The specific section of the Act that emphasizes the importance of family reunions in immigration policy.

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Gupta v. Canada (Minister of Citizenship and Immigration)

The judge's ruling that the wording of the legislation is broad enough to include reuniting Canadian citizens and permanent residents with their close relatives.

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Overseas Processing Manual (OP 11 Manual)

The document that outlines the Minister of Citizenship and Immigration's guidelines and policies on visa processing, including family reunification.

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Policy Change for Parents and Grandparents

The policy decision to encourage visa officers to be flexible in issuing temporary resident visas (TRVs) to parents and grandparents.

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Section 5.13 of Chapter 11

The specific section of the OP 11 manual that addresses the policy change for parents and grandparents.

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Applicant Might Overstay

In the case review, the visa officer's concern that the applicant might stay in Canada illegally, based on her son being out of status.

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Cultural Practices Argument

The visa officer's reasoning that the applicant, being an elderly widowed woman, might choose to stay in Canada to be with her son.

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Trip to Saudi Arabia

The visa officer's dismissal of the applicant's previous trip to Saudi Arabia as a major international travel experience.

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Patently Unreasonable

The legal standard used to assess the reasonableness of a visa officer's decision

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Visa Officer's Decision on Potential to Stay

The judge's ruling that the visa officer's decision regarding the applicant's potential to overstay was unreasonable.

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Visa Officer's Decision on Cultural Practices

The judge's ruling that the visa officer's reliance on cultural practices as a reason for concern about the applicant was unreasonable.

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Visa Officer's Decision on Travel to Saudi Arabia

The judge's ruling that the visa officer's dismissal of the applicant's Saudi Arabia trip as a major international travel experience was unreasonable.

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OP 11 Manual on Supporting Documents

The provision in the OP 11 Manual that states that visa officers can consider a combination of documents to assess an applicant's ability to support an intended visit.

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Requirement of Applicant's Personal Funds

The judge's ruling that requiring an elderly applicant to provide evidence of her personal funds, despite her grandson's sufficient income, was unreasonable.

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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.

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