Can a visa officer assess an applicant according to all three options when the applicant chooses to apply under only one of them?
Canada (Federal), Canada
The following excerpt is from Yazdanian v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 7710 (FC):
A similar situation was dealt with by my colleague Décary J.A. in Bakhshaee v. Canada (M.C.I.).5 He concluded that there was no requirement to assess an applicant according to all three options when the applicant had chosen to apply under only one. He states at page 159: "An applicant may well decide to base his application and submit evidence with regard to only one of the three options, in which case a visa officer need not, of course, examine the other options. In the case at bar, the applicant limited himself to allegations and evidence pertaining to the establishment of a business. The visa officer cannot be faulted for not having examined the other options, with respect to which there was simply no evidence.".
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