Citizenship and Immigration
Status in Canada
Permanent Residents
Judicial review of visa officer’s decision excluding son from father’s application for permanent residence on basis not meeting definition of “dependent child” in Immigration and Refugee Protection Regulations, SOR/2002-227 (Regulations), s. 2—Breach of procedural fairness—Definition of “dependent child” referring to flexible concepts—Lack of statutory definitions for key expressions—Operational Manual providing guidance on questions examined by visa officer in decision making available on Citizenship and Immigration Canada’s Web site—Reasonable to infer applicants having legitimate expectations would be informed of officer’s concerns, given opportunity to respond thereto, and to provide additional information prior to final determination of ineligibility—No obligation on officer to provide running account of concerns, but should provide opportunity to comment when conclusions based on officer’s interpretation of documentary evidence—Lack of adequate reasons for rejecting application also vitiating decision—Application granted.
Yao v. Canada (Minister of Citizenship and Immigration) (IMM-3675-08, 2009 FC 114, Gauthier J., judgment dated February 3, 2009, 14 pp.)