Date: 20010817
Docket: IMM-4133-00
Neutral citation: 2001 FCT 908
BETWEEN:
MS. YUN CHO
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
ROTHSTEIN J.A.:
[1] In this judicial review from a decision of a Visa Officer, the issue is whether the Visa Officer erred in awarding the applicant zero units for her English language ability.
[2] The applicant says that the Visa Officer assessed her as having no French language ability and some English language ability and that the difference must be reflected in units being awarded for English. However, the Visa Officer still found the applicant's English language ability to be "with difficulty" which results in an award of zero units.
[3] The applicant says that the Visa Officer instructed her at her first interview to return with an interpreter for a second interview and then at the second interview challenged her as to why she had an interpreter if she was able to speak and understand English. There is some ambiguity about this question. However, regardless of the question, the answer given by the applicant, that she needed the interpreter from time to time, her English speaking ability was very poor and she had to rely on the interpreter very much, confirms the Visa Officer's assessment.
[4] The applicant says her reading ability in English was not tested, although her reading ability was tested in French. It would appear that her speaking and writing ability in English was so poor that the Visa Officer thought it futile to test her reading ability.
[5] I agree, with the applicant that under Factor 8 of schedule I of the Immigration Regulations, there was a duty on the Visa Officer to test the applicant's ability to read English. However, even if the applicant had been fluent in reading English, her unit assessment would have been 42 units instead of 40 units, well below the normally required 70 units.
[6] The applicant says that the Visa Officer's error impacted on her personal suitability assessment such that she would have been awarded more than 2 units for personal suitability. Even accepting that an ability to read English well or fluently might impact a personal suitability assessment, the applicant's score would still, at maximum, only be 50 units, still materially below the required 70 units.
[7] The applicant attached to her affidavit a certificate of achievement on a test of English for international communication. There is no evidence as to the circumstances under which the test was given or whether the organization administrating the test was officially accredited or otherwise recognized. Even if this subsequent evidence was admissible, I would accord it very little weight. It does not persuade me that the Visa Officer's assessment of the applicant's English language ability was unreasonable.
[8] The judicial review will be dismissed.
"Marshall Rothstein"
Judge
Toronto, Ontario
August 17, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-4133-00
STYLE OF CAUSE: MS. YUN CHO
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
DATE OF HEARING: TUESDAY, AUGUST 14, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN J.A.
DATED: FRIDAY , AUGUST 17, 2001
APPEARANCES: Mr. Mark Coakley, LL.B.
For the Applicant
Mr. Stephen H. Gold
For the Respondent
SOLICITORS OF RECORD: WILLIAMS and WILLIAMS
Barristers & Solicitors
Ten West Avenue North
King Street & West Avenue
Hamilton, Ontario
L8L 5B8
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
FEDERAL COURT OF CANADA
Date: 20010817
Docket: IMM-4133-00
BETWEEN:
MS. YUN CHO
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
Date: 20010817
Docket: IMM-4133-00
Toronto, Ontario, Friday the 17th day of August, 2001
PRESENT: The Honourable Mr. Justice Rothstein
BETWEEN:
MS. YUN CHO
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ORDER
The judicial review is dismissed.
"Marshall Rothstein"
Judge
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