Date: 20000531
Docket: IMM-2095-99
Ottawa, Ontario, this 31stday of May, 2000
PRESENT: THE HONOURABLE MADAM JUSTICE E. HENEGHAN
BETWEEN:
KWAN HYUNG LEE
Applicant
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
HENEGHAN J.
[1] Kwan Hyung Lee (the "Applicant") brought an application for judicial review pursuant to section 18.1 of the Federal Court Act, R.S.C., 1985, c. F.7. The application is relative to the decision of Halina Roznawski (the "visa officer") dated March 10, 1999, in which the Applicant"s application for permanent residence in Canada was refused.
[2] The Applicant is a national of Korea. He applied for permanent residence in Canada in the intended occupation of "Pastor". His application was subsequent to an offer of employment as a full-time pastor. The offer of employment was extended to him by the Korean Gospel Baptist Church of Toronto and was made in a letter dated November 11, 1997. The offer of employment was signed by Sang Duk Park.
[3] Following review of his application and associated documents, the Applicant attended an interview in Detroit, Michigan on February 17, 1999. During the course of the interview, the Applicant was presented with a letter which had been submitted to the visa officer withdrawing the offer of employment which had been had been made in a letter dated November 11, 1997. The letter withdrawing the employment offer was dated July 29, 1998.
[4] At the time of the interview, the Applicant produced yet another letter in response to the letter withdrawing the offer. This letter, dated January 20, 1999, purported to offer the Applicant employment with the Toronto Gospel Church at an annual salary of $33,000.00.
[5] The visa officer expressed concerns about the existence of a bona fide job offer. During the interview, the visa officer questioned the Applicant in this regard. The visa officer gave the Applicant an opportunity to respond to her concerns within 30 days of the interview. The visa officer was particularly interested in obtaining further information concerning the status of his employment, the ability of the new congregation to pay his salary, and his current employment income.
[6] The Applicant responded to these concerns by writing a letter dated March 5, 1999. In the Applicant"s letter, he recounted the same details which he had described at the time of the interview. He recounted that there was a division of the Korean Green Baptist Church into two chapters. The Applicant did not address the status of this employment offer, nor the ability of the new congregation to pay his salary, nor did the Applicant offer any proof of his current income.
[7] By letter dated March 10, 1999, the visa officer refused the Applicant"s application for permanent residence. The visa officer awarded the Applicant the following units of assessment:
| Education Training Factor 15 |
[8] In this application for judicial review, the Applicant alleges that the visa officer failed to observe the principles of natural justice and fairness in relation to the Applicant. Specifically, the Applicant alleges that the visa officer denied the Applicant procedural fairness in not providing the Applicant an opportunity to disabuse the visa officer"s concerns relating to the offer of employment. In addition, the Applicant argues that the visa officer erred in determining, based in part on the letter dated July 29, 1998, that the Applicant did not hold a bona fide job offer in Canada as a pastor. Finally, the Applicant argues that the visa officer erred in her assessment of personal suitability.
[9] According to the affidavit filed by Halina Roznawski, the visa officer who interviewed the Applicant, the letter of July 29, 1998 was brought to the attention of the Applicant and the Applicant was given an opportunity to respond to her concerns about the existence of a bona fide offer of employment, both at the interview and within 30 days following the interview. The visa officer extended to the Applicant the opportunity to present further evidence within 30 days to answer the concerns raised by the visa officer. However, the Applicant did not address any new information in his letter of March 1, 1999. Thus, based on the record, I am satisfied that the Applicant was given an opportunity to disabuse the visa officer"s concerns.
[10] As for the existence of a bona fide offer of employment, the CAIPS notes indicate:
| When the application for permanent residence was filed, an offer of employment as a full time pastor was submitted from the Toronto Green Baptist Church dated November 11, 1997. This letter was signed by an elder, Sang Duk Park. On July 29, 1998, the Regional Processing Centre received a letter from the same church, signed by the same individual, plus a deacon, advising that they were withdrawing their offer of employment...I had to determine, if in fact, the applicant had a valid offer of employment as a pastor from a congregation in Canada, and if that congregation could support the salary of the pastor. Otherwise, the applicant could not be awarded the units of assessment for arranged employment. |
| At the interview, the applicant presented a new job offer from the Korean Green Baptist Church of Toronto dated January 20, 1999. It was signed by a different individual than the two previous letters from this church. The address of the church was shown as 25 Elgin Street in Thornhill. During the interview, I called the number shown and a woman who could not speak english answered. I had the translator speak to her, and it turned out to be the applicant"s wife, and his home phone number. I then showed the applicant the July letter of withdrawal of offer of employment from the Korean Green Baptist Church. At first he appeared surprised. Then he stated that church members had decided to split into two groups. He stated that he was with Toronto Gospel Church....So I inquired why the new job offer dated January 20, 1999 is from the Korean Green Baptist Church if he was telling me that he is with Toronto Gospel Church. He replied that they were together. I found his answers to be confusing. It made me question the veracity of the January 20, 1999 job.1 |
Moreover, the refusal letter dated March 10, 1999 states:
| The information you provided at interview led me to question your credibility and the reliability of your supporting documents. You stated that you have been a Pastor at the Korean Green Baptist Church since your arrival in Canada in March 1996. Yet our computer records indicate that you were originally issued a Visitor Record to preach at the Toronto Pure Gold Church in October 1996. You were issued a new Visitor Record changing churches in June 1997. At interview you presented a new job offer from the Korean Green Baptist Church dated January 20, 1999. On file is a letter from the elders of this church, dated July 29, 1998, stating that they were withdrawing their job offer to you. At first you acted surprised, then you explained that the Church had split and that you were a part of the Toronto Gospel Church. I requested that you submit evidence that a congregation in Canada is offering you a position as their Pastor, and verifiable evidence that they can support you and your family of five. You stated that you have been receiving a salary of $33,000 but you could not, and even after I made the request, you still have not provided the evidence to support this claim. On March 05, 1999 I received a letter from you again explaining the split in the Korean Green Baptist Church, but no other documents as requested.2 |
[11] Based on the evidence before her, I think it was reasonable for the visa officer to conclude that the Applicant did not have a bona fide job offer in Canada. From the evidence, it appears that the individual who signed the original job offer was the same individual who withdrew the offer. Moreover, the veracity of the January 20, 1999 job offer was called into question, particularly when one considers that the Applicant did not provide further evidence of the job offer after the interview, as the visa officer had requested at the time of the Applicant"s interview.
[12] Finally, I am satisfied that the visa officer did not err in assessing the Applicant"s personal suitability.
[13] Accordingly, this application for judicial review is dismissed.
[14] Counsel for the respondent sought costs in the event that this application is dismissed. While the Applicant was unsuccessful, I am not persuaded that this is a case where costs should be awarded against him. There will be no order as to costs.
[15] Counsel for the parties have seven days following their receipt of these reasons to request that a question be certified.
ORDER
[16] IT IS ORDER that the application for judicial review be dismissed.
"E. Heneghan"
J.F.C.C.
OTTAWA, Ontario
May 31, 2000
__________________
1 Affidavit of Halina Roznawski, para. 4-7.
2 Page 2, Refusal Letter, Certified Tribunal Record.
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