What is a visa officer's discretion under subsection 11(3) of the Immigration Regulations?
Canada (Federal), Canada
The following excerpt is from Chaudhry v. Canada (Minister of Citizenship and Immigration), 2003 FCT 229 (CanLII):
The visa officer's discretion under subsection 11(3) of the Regulations is to issue an immigrant visa to an immigrant who is not awarded the number of units of assessment if, in his opinion, there are good reasons why the number of units of assessment awarded do not reflect the chances of the particular immigrant becoming successfully established in Canada. Robertson J.A. in Chen v. Canada (Minister of Employment and Immigration) 1993 CanLII 3010 (FCA), [1994] 1 F.C. 639, upheld 1995 CanLII 125 (SCC), [1995] 1 SCR 725 held that the determination criteria under subsection 11(3) "must be restricted to matters relating to their ability to make a living". Applying this criteria, the applicant has already successfully established himself in Canada with respect to his ability to make a living. Page: 7
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