Bhajan v. Canada ( Minister of Citizenship and Immigration )
IMM-899-95
Simpson J.
22/3/96
12 pp.
Judicial review of visa officer's decision to close applicant's file when failed to appear for interview in connection with application for landing-Applicant, citizen of India, employed as priest at Hindu temple at Hamilton-Applying to Canadian Consulate General in Buffalo for permanent residence in Canada-Hamilton Immigration Office receiving letters disputing authenticity of documents purporting to be from employer, stating applicant using force to remain at temple, twice creating violent situation resulting in police presence in temple-As requested, applicant forwarding letter to Consulate written by President of Temple confirming appointment as permanent priest-Applicant advised by letter interview scheduled for March 1, 1995-Letter also indicating Canadian government could not intervene with American authorities if applicant unable to obtain U.S. visitor's visa to attend interview in Buffalo and failure to attend would result in file being closed-When applications for day visitor's visa to United Stated refused, applicant requesting Canadian immigration authorities for assistance in obtaining visa, transfer of file to Hamilton, waiver of interview, six-week adjournment of interview-Second, third letters sent, latter providing detailed submissions concerning applicant's employment history at temple and disputes between various Temple members, extensive supporting documentation-Possible not reaching Consulate before interview date, but probably received before decision sent out March 13, 1995-No replies received-File closed when applicant failing to appear-Application allowed-As matter of local policy, once interview scheduled, Consulate in Buffalo not allowing adjournments for any reason-Policy applicable to all applicants; all advised of consequences of failure to attend-Policy inconsistent with minimal duty of fairness as precluding consideration of exceptional circumstances, not disclosed to applicants before choosing location for interview-Absent statutory discretion, not contrary to law to put policy in place precluding exercise of discretion as long as policy meeting minimal requirements of fairness which exist in wholly administrative context where no rights at issue-New policy should advise applicants before choosing Buffalo as interview location will not receive adjournment and files will be closed if fail to obtain U.S. visa.