CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Park v. Canada (Minister of Citizenship and Immigration)
A-85-98
2001 FCA 165, Evans J.A.
24/5/01
4 pp.
Appeal from Trial Division decision ((1998), 42 Imm. L.R. (2d) 123) dismissing application for judicial review of visa officer's refusal to issue immigrant visas to Mr. Park, wife, children--Question certified: once decision to issue immigrant visa taken, is visa officer functus officio or does visa officer have jurisdiction to reconsider decision on ground of holder's inadmissibility prior to issuance of visa?--In letter dated December 20, 1995 visa officer informed Park prepared to issue immigrant visas upon receipt of copies of passports--Park promptly provided copies--Visa officer subsequently discovering Park convicted in Korea on March 20, 1992 of impaired driving--Concluded conviction made Park inadmissible under Immigration Act, s. 19(2)(a.1)(i)--Informed Park visa application refused--Doctrine of functus officio not applicable to December 20, 1995 letter--Letter meaning visa officer believed Park qualified for visa, but statutory powers conferred on visa officers to issue, refuse visas--No visa ever issued to Park--Since Act not expressly granting power to make decision to issue visa, no exercise of statutory power to which functus officio doctrine could apply--Question answered as follows: visa officer not functus officio once decision to issue immigrant visa made--Immigration Act, R.S.C., c. I-2, s. 19(2)(a.1)(i) (as am. by S.C. 1992, c. 49, s. 11).