Date: 20030919
Docket: IMM-1747-02
Citation: 2003 FC 1086
BETWEEN:
LI JING FANG
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
[1] The sole issue in this application for judicial review is whether the visa officer erred in awarding the applicant only five units under the personal suitability factor. The applicant's request for permanent residence under the independent category was denied as she received two units less than the usual requirement of seventy.
[2] The visa officer was satisfied the applicant had established certain positive factors to substantiate her adaptability, motivation, initiative and resourcefulness. However, on the whole of the record, he concluded she was an average applicant concerning her ability to establish herself in Canada. The applicant correctly, in my opinion, abandoned her written argument that it was wrong to include a comparative element, as suggested by "average applicant", in the assessment: Cao v. Canada (Minister of Citizenship and Immigration), 2003 FCT 515, [2003] F.C.J. No. 669 (Q.L.).
[3] Counsel for the applicant submits that because there were positive features under each of the four principal criteria to be considered for personal suitability, the assessment should have been higher than five units. No authority was advanced to support this argument.
[4] It is trite law that, absent any legal issues, a high degree of deference should be afforded the visa officer's assessment of personal suitability. In this case, the assessment was solely factual. On my review of the record, the applicant has failed to establish even an arguable case that would warrant this Court's intervention.
[5] Accordingly, this application for judicial review will be dismissed. I agree with counsel that there is no serious question for certification in this proceeding.
"Allan Lutfy"
C.J.
Vancouver, British Columbia
September 19, 2003
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-1747-02
STYLE OF CAUSE: Li Jing Fang v. The Minister of Citizenship and Immigration
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: September 18, 2003
REASONS FOR ORDER : Lutfy C.J.
DATED: September 19, 2003
APPEARANCES:
Dennis Tanack FOR APPLICANT
Banafsheh Sokhansanj FOR RESPONDENT
SOLICITORS OF RECORD:
Dennis Tanack FOR APPLICANT
Can-Achieve Consultants Ltd.
Morris A. Rosenberg FOR RESPONDENT
Deputy Attorney General of Canada
Vancouver, British Columbia