Is it a breach of procedural fairness for a visa officer to consult the notes and rejection letter of a previous visa officer?
Canada (Federal), Canada
The following excerpt is from Ahmed v. Canada (Attorney General), 1999 CanLII 7877 (FC):
MacKay J., in Parmar v. MCI, concluded that it was not a breach of procedural fairness for a visa officer to consult the notes and the rejection letter of a previous visa officer. A visa officer does not necessarily fetter his or her discretion by making reference to another officer"s assessment of the application.9 As stated by MacKay J.: It cannot be assumed that administrative decision makers act inappropriately where they seek harmony in the exercise of discretion when discharging common administrative responsibilities. 10
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