Is a visa application entitled to rely upon evidence which was not before the visa officer in the course of making a decision?
Canada (Federal), Canada
The following excerpt is from Sathwara v. Canada (Minister of Citizenship and Immigration), 2000 CanLII 16475 (FC):
The applicant is not entitled to rely upon evidence which was not before the visa officer in the course of making his or her decision (see Rahi v. Minister of Employment and Immigration (May 25, 1990), A-1343-90). Consequently, I agree to strike exhibits "D" to "I" from the record. However, I do not agree that the applicant's affidavit ought not be given any probative value whatsoever.
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