Is there any case law relating to the duty of a visa officer to assess an applicant's ability to read English?
Canada (Federal), Canada
The following excerpt is from Tekotev v. Canada (Minister of Citizenship and Immigration), 1998 CanLII 7414 (FC):
Applicant's counsel submits that on facts similar to those in this case, Gibson, J. in Valentinov v. M.C.I., IMM-1482-97, February 26, 1998 concluded there was an improper delegation of the duty to assess the applicant's ability to read English. Respondent's counsel points out two crucial differences between this case and Valentinov, one being, that in this case the visa officer reviewed the reading and writing tests directly with the applicant, and second, that although given an opportunity to do so, the applicant failed to disabuse the visa officer of her views respecting his ability to read, write and speak English.
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