Kalashnikov v. Canada (Minister of Citizenship and Immigration), docket IMM-4743-97

Date: 19981103

Docket: IMM-4743-97

BETWEEN:

     LEONID KALASHNIKOV

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR ORDER

     (Delivered from the Bench at Toronto, Ontario on

     Tuesday, November 3, 1998, as edited)

ROTHSTEIN J.:

[1]      The visa officer in this case rejected the applicant's application for permanent residence in the entrepreneurial category. The visa officer formed the opinion that the applicant was not being candid about his business experience. The applicant says the examples cited in the visa officer's decision which the visa officer says caused him to come to that conclusion are explainable. Perhaps they are. However, the visa officer's assessment is not patently unreasonable, or perverse or capricious. I am not persuaded that this is a case in which the Court should interfere with the visa officer's credibility assessment.

[2]      The applicant says the visa officer had the duty to inform the applicant of his concerns and that in not doing so, he breached his duty a fairness to the applicant. However, this is not a case of extrinsic evidence that would require such action by the visa officer. This is simply a case in which the visa officer had difficulty accepting that the applicant was being candid about his business experience. He was not under a duty to give the applicant an assessment of his views of the applicant's credibility, in order to give the applicant an opportunity to respond. There is no breach of the duty of fairness in this case.

[3]      The judicial review is dismissed.

"Marshall Rothstein"

Judge

TORONTO, ONTARIO

November 3, 1998

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                          IMM-4743-97

STYLE OF CAUSE:                      LEONID KALASHNIKOV

                             - and -

THE MINISTER OF CITIZENSHIP AND

                             IMMIGRATION

                            

DATE OF HEARING:                  TUESDAY, NOVEMBER 3, 1998

PLACE OF HEARING:                  TORONTO, ONTARIO

REASONS FOR ORDER BY:              ROTHSTEIN, J.

DATED:                          TUESDAY, NOVEMBER 3, 1998

APPEARANCES:                      Mr. James Steele

                            

                                 For the Applicant

                            

                             Mr. David Tyndale

                                 For the Respondent

SOLICITORS OF RECORD:              Steele, Calandra & Company

                             Barristers & Solicitors

                             410 - 141 Adelaide St. W.                                          Toronto, Ontario             

                             M5H 3L9

                            

                                 For the Applicant

                              Morris Rosenberg

                             Deputy Attorney General

                             of Canada

                                 For the Respondent

                

                             FEDERAL COURT OF CANADA

                                 Date: 19981103

                        

         Docket: IMM-4743-97

                             Between:

LEONID KALASHNIKOV

                            

     Applicant

                             - and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                        

     Respondent

                    

                            

            

                                                                                     REASONS FOR ORDER