Immigration, Refugees and Citizenship Canada (IRCC) can make independent decisions regarding immigration applications. However, their decisions are guided by Canadian laws, policies, and regulations, such as the Immigration and Refugee Protection Act (IRPA) and its associated regulations.
While IRCC officers have discretion in evaluating applications, their decisions must be based on the evidence provided, the applicable legal framework, and established guidelines. For instance:
1. Case-by-case Assessment: IRCC officers assess applications individually, considering the specific circumstances of each applicant, such as financial stability, ties to their home country, or evidence of admissibility.
2. Ministerial Instructions: While officers make independent decisions, the federal Minister of Immigration can issue specific instructions (e.g., prioritizing certain categories of applications or occupations).
3. Judicial Oversight: If someone disagrees with a decision made by IRCC, they may request a review by the Federal Court of Canada to ensure it was fair and reasonable, although the court does not decide on the merits of the application itself.
