Date: 20000523
Docket: IMM-2718-99
Between:
MOHAMMAD TALIB
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
LUTFY A.C.J.
[1] The duration of the twenty-minute interview between the applicant and the visa officer does not constitute, in the particular circumstances of this file, any breach of procedural fairness. Similarly, there is nothing in the evidence, including the CAIPS notes which I have reviewed carefully, to support the applicant"s submission that the visa officer did not approach the interview with an open mind.
[2] Furthermore, the applicant has failed to establish any error in the visa officer"s conclusion that he had not performed the functions of his intended occupation as a financial manager (N.O.C. 0111). The characterization of his working career as that of a bookkeeper is, on the record before me, free from any reviewable error.
[3] The visa officer"s affidavit evidence, particularly at paragraphs 6, 7 and 8, attributes statements to the applicant which are consistent with bookkeeping functions. According to the visa officer, the applicant was unable to describe how he performed the functions of a financial manager. He could not explain the planning and set up of accounting or financial systems. He admitted to having no knowledge of computerized accounting or financial systems. He could not discuss internal control procedures. He described his new responsibilities as financial manager in terms of "...doing the boss"s personal books". When asked to describe auditing functions, he stated that he took inventory in the franchise store before the auditors would perform their audit. The visa officer was not cross-examined on these assertions.
[4] On the evidence in this proceeding, I would be hard pressed to conclude that there was even an arguable case for judicial review.
[5] For these reasons, this application for judicial review will be dismissed. Neither party suggested the certification of a serious question.
"Allan Lutfy"
A.C.J.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-2718-99 |
| STYLE OF CAUSE: MOHAMMAD TALIB |
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| DATE OF HEARING: TUESDAY, MAY 23, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY LUTFY A.C.J. |
| DATED: TUESDAY, MAY 23, 2000 |
| APPEARANCES BY: Mr. M. Max Chaudhary |
For the Applicant
Ms. Negar Hashemi
For the Respondent
SOLICITORS OF RECORD: Chaudhary Law Office
Barristers and Solicitors
255 Duncan Mill Road
Suite 405
North York, Ontario
M3B 3H9
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000523
Docket: IMM-2718-99
Between:
| MOHAMMAD TALIB |
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP AND |
| IMMIGRATION |
Respondent
| REASONS FOR ORDER |
A.C.J.