When is a visa officer's assessment of personal suitability open to him?
Canada (Federal), Canada
The following excerpt is from Mou v. Canada (Minister of Citizenship and Immigration), 1997 CanLII 5794 (FC):
As noted by the Associate Chief Justice in Gill v. Canada (M.C.I.)2 the legislation has vested "a broad discretion" in a visa officer in these circumstances. I agree with the Associate Chief Justice in his view that "provided that an opinion is reasonable, and is neither arbitrary, or capricious, there are no grounds to warrant judicial interference". On this record, I am persuaded that this visa officer's assessment of personal suitability was reasonably open to him. The visa officer asked the applicant how he would deal with the negative impact of his age when seeking employment in Canada. This issue was directly related to personal suitability since it is related to motivation and the ability to become established in Canada.
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