What

1
Whats the point of reading these cases?

• examples of the kinds of situations people find
  themselves in, and level of scrutiny of visa
  officers
• all cases using OLD law
• standard of review courts should not interfere
  with the exercise of discretion of a sttty
  authority merely bc the court might have
  exercised the discretion in a different manner
  good faith, natural justice, nothing irrelevant
  or extraneous

2
Yang v Canada 1989

• writs of mandamus and certiorari
• intention of Act and subsequent interpretation
• elements of fairness how to count experience (v
  substantive) opportunity to refute made
  decision w/o looking at material requested
• self employed
• n.b. remedy

3
Orzhekhovskiy v Canada 2004

• skilled worker subclass
• CAIPS
• certified question procedure
• why did he win and what did he win?

4
Qin v Canada

• entrepreneur category
• use of Immigration Act cases for fairness
  standards
• delegation is OK but here it breaches specific
  statutory terms

5
Agcheloo v Canada 2003

• investor category
• how many opportunities to produce documentation?

6
Alam v Canada 2004

• skilled worker category
• substituted assessment, now reg 76(3)
• note para 22 heavier onus to justify use of
  negative discretion than to justify use of
  positive discretion