Does a visa officer have a duty of fairness to conduct an oral interview with an applicant who failed to satisfy the visa officer that she was related to the sponsor?

Canada (Federal), Canada

The following excerpt is from Lu v. Canada (Minister of Citizenship and Immigration), 2002 FCT 440 (CanLII):

Further, not only did the applicant not satisfy the visa officer that she was related to the sponsor, she also did not provide any sufficient documentation with regard to the alleged funds. The applicant submits that the visa officer should have asked the applicant to provide all missing documents. Again, I disagree. An applicant bears the burden of providing the necessary information to satisfy the visa officer that he or she meets certain criteria to enter Canada (Kong, supra at para. 21). This is made clear by the guidelines provided in the Application Kit for a student authorization which states that an applicant must provide all supporting documents for his or her application. Furthermore, contrary to the applicant's contention, the duty of fairness did not require the visa officer to conduct an interview. As stated by Teitelbaum J. in Ali v. M.C.I., (1998) 1998 CanLII 7681 (FC), 151 F.T.R. 1, there is no statutory right to an oral interview.

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