Farshidfar v. Canada (Minister of Citizenship and Immigration), docket IMM-286-98

Date: 19980716

Docket: IMM-286-98

    

BETWEEN

     FARSHAD FARSHIDFAR

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR ORDER

McDONALD, J.A.

[1]      The application for judicial review is allowed. The finding of the Visa Officer that the applicant should be awarded 0 points for his English language ability is patently unreasonable in light of the evidence. The applicant was requested to write out in English a description of what his job functions are as an Auditor. The applicant wrote out the following description:

I am internal auditor. As an internal auditor, we check the accuracy all documents and activities departments in my organization.

There are two parts:

- on if is the auditing of the financial operation

- on of is the auditing of the rule and regulation

I mean, the same rule of an auditor in North America, When I check financial departments as accounting departments, we check and examin and test all of documents as vouchers, financial statements and ledgers and whatever. When we check adminestration department: we check 'the way' they are performed and the accuracy of all activities with rule and regulation. I am an internal auditor and this is my role. Thank you.

[2]      The Visa Officer also did not test the applicant's reading comprehension. It is clear from the above written statement that the applicant had a reasonable ability to write in the English language and the zero assessment, is, in my view, a perverse finding.

[3]      The application for judicial review is allowed. The matter is referred back to a different Visa Officer for a re-determination of the applicant's application for permanent residence.

                             "F.J. McDonald"

                                 J.A.

Toronto, Ontario

July 16, 1998

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                          IMM-286-98

STYLE OF CAUSE:                      FARSHAD FARSHIDFAR

                             - and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                            

DATE OF HEARING:                  JULY 16, 1998

PLACE OF HEARING:                  TORONTO, ONTARIO

REASONS FOR ORDER BY:              McDONALD, J.A.

DATED:                          JULY 16, 1998

APPEARANCES:                     

                             Ms. Shoshana Green

                                 For the Applicant

                             Mr. David Tyndale

                                 For the Respondent

SOLICITORS OF RECORD:              Green & Spiegel

                             Barristers & Solicitors

                             Box 114

                             Standard Life Centre

                             200-121 King Street West

                             Toronto, Ontario

                             M5H 3T9

                            

                                 For the Applicant

                              George Thomson

                             Deputy Attorney General

                             of Canada

                                 For the Respondent

---

                            

                             FEDERAL COURT OF CANADA

                                 Date: 19980716

                        

         Docket: IMM-300-98

                             Between:

FARSHAD FARSHIDFAR

     Applicant

                             - and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                        

     Respondent

                    

                            

            

                                                                                     REASONS FOR ORDER