IMM-3167-96
BETWEEN:
PETR RUDNITSKY
NADEZDA RUDNITSKY
ANDREY KLIMOV
Applicants
- AND -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
McKEOWN J.
This case was heard at the same time as the case on Court File IMM-3166-96 and all the same arguments that were made in the first case are applicable to the second case. However, there was one additional argument available to the applicant which in my view caused the visa officer to fall into error and render a decision which is contrary to the decision in Zeng v. Canada (Minister of Employment & Immigration) (1990), 12 Imm. L.R. (2d) 167 (F.C.A.). In the computer assisted notes of the visa officer he stated the following with respect to personal suitability:
| HOWEVER, I HAVE SERIOUS CONCERNS ABOUT HIS SETTLEMENT PROSPECTS: ONLY GETS 2 PTS FOR ENGLISH, WHICH IS VERY WEAK. WIFE IS PRESENTLY ADMIN OF[F]ICER CUM SECRETARY. BUT WITH ZERO ENGLISH WOULD NOT/NOT BE ABLE TO WORK EASILY IN CDA. ESPECIALLY IN SUCH A HIGH LEVEL FIELD AS ENGINEERING, GOOD ENGLISH IS IMPORTANT ... |
In my view, the visa officer is clearly double counting English in this case which he cannot do. This was not a proper exercise of discretion by the visa officer in assessing the principal applicant's personal suitability. The visa officer should not have considered his ability to speak English when assessing personal suitability. The ability in Canada's official language is already taken into account in Factor 8 of Schedule I to the Immigration Regulations. In my view, the visa officer committed the error of double counting and this is a reversible error as set out in Zeng, supra; Chatrova v. The Minister of Citizenship and Immigration (1996), 111 F.T.R. 308; and Markovski v. The Minister of Citizenship and Immigration, August 19, 1996, Court File IMM-465-96 (F.C.T.D.). The application for judicial review is allowed. The decision of the visa officer dated July 19, 1996 is quashed and the matter is returned to a different visa officer for determination in a manner not inconsistent with these reasons as supplemented by the reasons in Barayev v. The Minister of Citizenship and Immigration, Court File IMM-3166-96.
_______________________________
Judge
VANCOUVER, BRITISH COLUMBIA
April 29, 1997
NAMES OF COUNSEL AND SOLICITORS OF RECORD
STYLE OF CAUSE: PETR RUDNITSKY, NADEZDA RUDNITSKY, ANDREY KLIMOV
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
COURT NO.: IMM-3167-96
PLACE OF HEARING: Toronto, ON
DATE OF HEARING: April 10, 1997
REASONS FOR ORDER OF McKEOWN, J. DATED: April 29, 1997
APPEARANCES:
Mr. Dan Miller for Applicant
Mr. Brian Frimeth for Respondent
SOLICITORS OF RECORD:
Mr. Dan Miller for Applicant Barrister & Solicitor
Toronto, ON
George Thomson for Respondent Deputy Attorney General of Canada