Date: 20000623
Docket: IMM-5759-99
BETWEEN:
MOHAMMAD ALI RADMANESH
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
McKEOWN J.
[1] The applicant seeks judicial review of a decision of a visa officer dated October 18th, 1999, wherein the applicant"s application for permanent residence was denied.
[2] The issues are:
| 1. Did the visa officer err in failing to take into account relevant considerations, in particular the applicant"s efforts to establish and explore employment contacts in Canada? |
| 2. Did the visa officer take into account an irrelevant consideration, i.e., the applicant"s lack of international work experience? |
| 3. Did the visa officer err in assessing the number of units awarded to the applicant for personal suitability by double counting or as in the case before me double penalizing with respect to the applicant"s job prospects? |
| 4. Did the visa officer violate procedural fairness by not providing the applicant with an adequate opportunity to present a copy of a job related book he had brought to the interview? |
[1] There was no violation of procedural fairness. The applicant was provided with adequate opportunity to present his information on jobs in the interview according to the visa officer. He could have offered the job related book to the visa officer.
[2] The applicant"s lack of international work experience could not have affected the number of units awarded to him for work experience since he received the maximum number of units. In my view, the visa officer could consider international work experience to show adaptability to work in other countries, but it is not material to this case in any event.
[3] The finding of fact that the applicant takes issue with is based on the visa officer"s statement in the CAIPS notes at p.61 where the visa officer states:
| "I have concerns of his settlement prospects, has almost nil idea about job search and possibilities in Canada, his only idea is through his consultant who showed him a very pink picture, he has no contacts, I think his chances of successful settlement is quite low." |
[4] On the other hand, the applicant states in paragraph 22 of the affidavit:
| ...."To demonstrate my initiative in seeking employment in Canada I presented to Officer Ozguc brochures from two large Canadian industrial companies, Canadian Bearings and Petro Techna, and business cards from their respective presidents, Mr. Farokh Khalili and Mr. Mort Malek, both of whom I was in contact with and who might be able to employ me." |
[5] In my view, this paragraph is ambiguous with respect to showing that there was any proper employment search. The visa officer is entitled to interpret the lack of any correspondence or other statement in the affidavit relating to the context in which brochures and cards were obtained as failing to meet the standards of a reasonable job search or failing to provide the visa officer with evidence sufficient in his opinion to establish employment contacts in Canada.
[6] Accordingly, in my view there was no failure by the visa officer to take into account relevant considerations, and the visa officer did not err in law in stating that these two brochures and business cards were not sufficient evidence for the applicant to establish and explore employment contacts in Canada.
[7] In my view, a visa officer was entitled to take into account the applicant"s initiative, motivation and resourcefulness in settling in Canada under personal suitability. Part of personal suitability requires a visa officer to look at a person"s effort to find employment. It is clearly established in the jurisprudence that a visa officer cannot engage in double counting when assessing an applicant on the basis of the criteria outlined pursuant to subsection 8(1) of the Immigration Regulations. Notwithstanding, this general principle it is also been established that it is acceptable to consider one or more of the other enumerated factors in assessing personal suitability as long as it is appraised from a different perspective (see, i.e., Ajmal v. Canada (Minister of Citizenship & Immigration ) (April 17, 1998), IMM-2399-97 [(1998) 44 Imm. L.R. (2d) 26 (Fed. T.D.)], Stefan v. Canada (Minister of Citizenship & Immigration) (1995), 35 Imm. L.R. (2d) 21 (Fed. T.D.), Parmar v. Canada (Minister of Citizenship & Immigration) (November 12, 1997), IMM-3177-96 [(1997), 139 F.T.R. 203 (Fed. T.D.)] and Vasilev v. Canada (Minister of Citizenship & Immigration) (1996), 110 F.T.R. 62 (Fed. T.D.)).
[8] Two of the factors that have been considered in previous cases and by the visa officer in the case before me are knowledge of Canada and failure to contact potential employers Abbasi v. Canada (Minister of Citizenship & Immigration)(F.C.T.D.), April 23, 1999, Imm. 3139-98. The visa officer did not err by double counting with respect to the applicant"s job prospects. She was considering the applicant"s personal suitability and she was entitled to look at initiative, motivation and resourcefulness.
[9] The application for judicial review is dismissed.
[10] The following question of general importance is certified. Is a visa officer entitled to take into account an applicant"s efforts to explore to obtain employment or establish employment contacts in Canada in her assessment of an applicant"s personal suitability?
"W.P. McKeown"
Toronto, Ontario
June 23rd, 2000.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| STYLE OF CAUSE: MOHAMMAD ALI RADMANESH |
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
| DATE OF HEARING: TUESDAY , JUNE 20, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: McKEOWN J. |
| DATED: FRIDAY, JUNE 23, 2000 |
| APPEARANCES BY: Ira Nishisato |
Susan Nucci
| SOLICITORS OF RECORD: Borden Ladner Gervais LLP |
Barristers & Solicitors
Scotia Plaza
40 King Street West
Toronto, Ontario
M5H 3Y4
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000623
Docket: IMM-5759-99
BETWEEN:
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
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