Monday, July 26, 2010

Sandhu - skilled worker - officer must seek clarification

Sandhu v. Canada (Citizenship and Immigration), 2010 FC 759

A decision of Justice Mandamin allowing judicial review on a refusal of a skilled worker application by Canadian High Commission, New Delhi.

On the on hand, "a Visa Officer is not obliged to notify applicants of inadequacies in their applications" (para. 25)

[33] When a Visa Officer has a doubt which has no foundation in the facts and the Applicant puts her best foot forward by submitting a complete application; the Officer should seek clarification to either substantiate or eliminate the doubt. Without seeking clarification, the Officer was in no position to do either.

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