Is there any case law where a visa officer found that the applicant was not a dependent son because he interrupted his studies during a two year period after reaching the age of 19?

Canada (Federal), Canada

The following excerpt is from Moghtader v. Canada (Minister of Citizenship and Immigration), 2002 FCT 296 (CanLII):

In Chen v. Canada, [1997] F.C.J. no. 871, Registry no. IMM-461-96, a decision rendered June 20, 1997, one of the issues I had to determine was whether the visa officer had erred in finding there were no humanitarian factors warranting a special examination. In that case I found that the visa officer had not erred. However, as is apparent from my decision, the visa officer had found, first, that the applicant was not a "dependent son" because he had interrupted his studies during a two-year period after reaching the age of 19. Following this initial conclusion, the visa officer had stated the following, in his refusal letter, as quoted in paragraph 9 of my reasons: I have also considered possible humanitarian and compassionate factors, but have determined that there are insufficient grounds to warrant special consideration.

Other Questions

When a hearing officer disagrees with a decision made by the reviewing officer on the issues with which he disagreed with the hearing officer, how will the review officer's decision be considered? (MultiRegion, United States of America)
If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (Canada (Federal), Canada)
Is a visa officer's duty to require an applicant to produce documents which the officer believes is necessary for consideration of an application? (Canada (Federal), Canada)
What are the limits on the amount of time that a court can extend an application to extend the application for an extension of the application? (Canada (Federal), Canada)
What is the applicable standard of review for an officer to determine whether or not they err by giving more weight to a statement by the Canadian migratory integrity officer in Port-au-Prince than the other documents submitted in evidence? (Canada (Federal), Canada)
What is the impact of the interpreter at the hearing of an applicant's application for a disability benefits application? (MultiRegion, United States of America)
Is a visa officer required to assess applicants in alternative occupations where the applicant is qualified for and prepared to follow that occupation? (Canada (Federal), Canada)
Is a visa officer's manager entitled to disagree with an officer's recommendation if the visa officer has not conducted an oral interview? (Canada (Federal), Canada)
What is the applicable standard of review for the purpose of determining an applicant's application for employment? (Canada (Federal), Canada)
What are some cases where a visa officer refused to accept an application because the applicant's Canadian relatives had offered to help in his settlement and establishment in Canada? (Canada (Federal), Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.