What is the scope of discretion of a visa officer in assessing an applicant's personal suitability?
Canada (Federal), Canada
The following excerpt is from Ahmed v. Canada (Attorney General), 1999 CanLII 7877 (FC):
In Gill v. M.C.I., Jerome A.C.J. indicated the broad discretion conferred on the visa officer to assess the applicant"s personal suitability: The legislative provisions confer a broad discretion on a visa officer in making a determination of this nature and it is entirely within his jurisdiction to form an opinion concerning an applicant's personal suitability based on factors such as adaptability, motivation, initiative, resourcefulness and other qualities. Provided that opinion is reasonable and is neither arbitrary or capricious, there are no grounds to warrant judicial interference. 8
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