Xu v. Canada ( Minister of Citizenship and Immigration )
IMM-4988-98
Gibson J.
28/7/99
6 pp.
Application for judicial review of visa officer's decision rejecting applicant's application for authorization to study in Canada, related visitor's visa-Letter of rejection dated August 26, 1998-Interview of applicant by visa officer taking place on August 31, 1998-Rejection letter prepared before interview commenced, handed to applicant at end of interview without alteration, addition to reflect impact of interview-Visa officer admitting on cross-examination on affidavit Visa Section of Canadian High Commissioner at Hong Kong has generalized concern regarding young persons from People's Republic of China, like applicant, seeking to study in Canada at secondary school level-Pre-preparation of letter not disclosing existence of open mind, weighing of particular circumstances of case free from stereotypes-Pre-preparation of rejection letter, delivery of letter to applicant at close of interview, without modification to reflect weighing of particular circumstances of case, as identified in course of interview, disclosing fettering of discretion, would give rise in mind of well-informed member of community to perception of bias on part of visa officer-Application allowed.