Date: 20030128
Docket: IMM-4370-01
Neutral citation: 2003 FCT 93
Toronto, Ontario, Tuesday, the 28th day of January, 2003
Present: The Honourable Mr. Justice Campbell
BETWEEN:
ZULQARNAIN KHAN
Applicant
- and -
THE MINISTER
OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] In the present case, the Applicant applied for permanence residence in Canada as a "Sociologist". However, the Visa Officer who considered the application did not formally assess the Applicant as requested but, instead, so assessed him as a "Health Promotion Officer".
[2] On the basis of the reasons provided in Radjenovic v. The Minister of Citizenship and Immigration (Neutral citation; 2002 FCT 995-5308), I find that the failure of the Visa Officer to formally assess the Applicant in the occupational category he requested constitutes a reviewable error.
[3] In addition, in the course of the evaluation which the Visa Officer did make, it is admitted that an error, which I find to be a reviewable error, was made in the assessment of the Applicant's education qualifications. The Visa Officer's decision is dated March 29th, 2001 and the admission made appears in the Visa Officer's affidavit which was sworn November 9th, 2001. I find the nature and the timing of the admission provides a basis for giving directions on a redetermination and also a special reason for awarding costs as outlined below.
ORDER
Accordingly, the Visa Officer's decision is set aside and the matter is referred back to a different visa officer for redetermination on directions that, on the redetermination, the Applicant be considered and interviewed on the same documentary record as exists in the present case, but as well on any new written submissions the Applicant wishes to provide. I further direct that the redetermination be completed by March 31st, 2003.
With respect to costs, in my opinion the Applicant's application for permanent residence should have been reconsidered immediately upon the error being admitted without the necessity of a judicial review hearing. As a result, I award costs in favour of the Applicant against the Respondent in the sum of $1,000.00.
"Douglas R. Campbell"
J.F.C.C.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Names of Counsel and Solicitors of Record
DOCKET: IMM-4370-01
STYLE OF CAUSE: ZULQARNAIN KHAN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: TUESDAY, JANUARY 28, 2003
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: TUESDAY, JANUARY, 28, 2003
APPEARANCES BY: Mr. Junaid Kayani
Mr. Fernand Majid
For the Applicant
Mr. Robert Bafaro
Mr. Kevin Lunney
For the Respondent
SOLICITORS OF RECORD: Junaid Kayani
Barrister and Solicitor
300-53 Village Center Place
Mississauga, Ontario
L4Z 1V9
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20030128
Docket: IMM-4370-01
BETWEEN:
ZULQARNAIN KHAN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER