A&M Canadian Immigration Law CorporationWinnipeg, MB · October 31, 2026Phan v. Canada (Citizenship and Immigration), 2014 FC 1203 : Sponsorship Reconsideration Allowed Because Officer Wrongly Treated Herself as Functus Officio
The Federal Court reviewed an immigration officer’s refusal to reconsider a withdrawn Family Class sponsorship application. The Court found that the officer had improperly fettered her discretion by concluding that a withdrawn sponsorship application could not be reconsidered. The officer had residual discretion to consider whether the application should be reopened. Key Principle The functus officio doctrine does not automatically prevent an immigration officer from reconsidering a decision in a non-adjudicative administrative process. An officer may have residual discretion to reconsider a...
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