Date: 19971210
Docket: IMM-4724-96
BETWEEN:
SHAHIDUL ISLAM
Applicant
AND
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
NADON, J.
[1] The applicant seeks to set aside a decision of a visa officer rendered on November 7, 1996.
[2] The applicant sought permanent residence in Canada in the Assisted Relative category. The visa officer interviewed the applicant in Hong Kong at the Canadian High Commission on November 1, 1996. As a result of the interview and his examination of the relevant documentation, the visa officer concluded that he could not award the applicant any points for experience in the occupation of "Chef-cook, cook, foreign foods" which the applicant intended to pursue in Canada.
[3] Since section 11(1) of the Immigration Regulations does not allow for the issuance of an immigration visa to an applicant who has not been awarded any units of assessment for the factor "experience in an occupation for which they are qualified and prepared to follow in Canada", the applicant's application for permanent residence in Canada was refused.
[4] The applicant attacks the visa officer's decision on the ground that the visa officer did not conduct his interview of the applicant in accordance with the requirements of fundamental justice. Specifically, the applicant reproaches the visa officer of not having ensured that he properly understood the procedings which were conducted in the English language and for not having given him a reasonable opportunity of addressing his concerns regarding the applicant's work experience.
[5] At the hearing before me, counsel for the applicant did not pursue the "language" issue. Rather, counsel concentrated on the applicant's contention regarding the work experience issue. In paragraph 16 of his written submissions, counsel makes the following submissions:
| In order to meet the requirement of fairness that the applicant be apprised of his concerns regarding his qualifications and experience as a chef-cook and cook, foreign foods, the VO was under a duty to ensure that the Applicant be given a meaningful opportunity to address those concerns and any contradictions the VO may have seen to the three letters of reference from employers and the assessment of the Deputy Commissioner of Taxes filed with the Applicant's Application. |
[6] My review of the evidence, which includes the affidavit of the Visa Officer, leads me to the conclusion that the Visa Officer acted fairly in conducting his interview of the applicant and in making the decision that he rendered on November 7, 1996. The visa officer had before him the three letters of reference which the applicant had submitted with his application. He reviewed these letters and questioned the applicant regarding his current and previous employment. The visa officer states that he did not receive satisfactory answers from the applicant and, as a result, was not convinced that the applicant "had sufficient knowledge in areas fundamental to his intended occupations".
[7] At the end of the interview, the visa officer made the applicant aware of his concerns regarding his lack of training and experience in his chosen occupation. The visa officer also gave the applicant the opportunity of asking questions and of presenting further information. According to the visa officer, the applicant had no questions and did not wish to present further information regarding his work experience.
[8] In these circumstances, I do not see what else the visa officer ought to have done to meet the requirements of fundamental justice. In my opinion, there was no denial of fundamental justice insofar as the applicant is concerned.
[9] For these reasons, I informed counsel, at the end of the hearing, that his client's application would be dismissed.
Marc Nadon
Judge
Montreal, Quebec
December 10th, 1997
FEDERAL COURT OF TRIAL
Date: 19971210
Docket: IMM-4724-96
BETWEEN:
SHAHIDUL ISLAM
Applicant
AND
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO: IMM-4724-96
| STYLE OF CAUSE: SHAHIDUL ISLAM |
Applicant
AND:
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
PLACE OF HEARING: Montreal, Quebec
DATE OF HEARING: December 10, 1997
REASONS FOR ORDER BY: The Honourable Mr. Justice Nadon
DATED: December 10, 1997
APPEARANCE: Me Avrom A. Gomberg for the Applicant
Me Annie Van Der Meerschen for the Respondent
SOLICITORS OF RECORD:
Me Avrom A. Gomberg for the Applicant
Montreal, Quebec
George Thomson
Deputy Attorney General
of Canada
Ottawa, Ontario for the Respondent