What is the impact of a visa officer's failure to consider the applicant's property holdings and valuations?
Canada (Federal), Canada
The following excerpt is from Thomas v. Canada (Citizenship and Immigration), 2009 FC 1038 (CanLII):
In this case, the visa officer’s failure to consider the applicant’s property holdings and valuations leads to the inference that the visa officer made an erroneous finding of fact without regard to the evidence. As stated in Cepeda-Gutierrez v. Canada (Minister of Citizenship and Immigration), 1998 CanLII 8667 (FC), [1998], 157 F.T.R. 35, [1998] F.C.J. No. 1425 at paragraph 17, “the more important the evidence that is not mentioned specifically and analyzed in the agency’s reasons, the more willing a court may be to infer from the silence that the agency made an erroneous finding of fact ‘without regard to the evidence’”.
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