Date: 19980817
Docket: IMM-4119-97
BETWEEN:
ZUBAIR AHMAD
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGEMENT
(Delivered from the Bench at Toronto, Ontario
on Monday, August 17, 1998)
HUGESSEN, J.:
[1] This is an application to review and set aside the decision of a Visa Officer refusing the applicant's application for a visa. The applicant says that there are two errors in that decision.
[2] First, it is alleged that the Visa Officer erred in awarding the applicant no points whatever for the category of experience in the applicant's intended occupation in Canada. The reason that the Visa Officer decided in that way was that he gave no credibility whatever to the only evidence which the applicant produced to support his assertion that he had experience in the proposed occupation, namely, an undated letter from the alleged former employer of the applicant in Pakistan. That letter was not on printed letterhead, and on the applicant's own evidence, had only been received by him a few days before his interview with the Visa Officer rather than, as one might normally expect, upon his having left the alleged employment. The Visa Officer, as I have said, assigned no credibility whatever to that letter.
[3] Counsel argues that the Visa Officer had a duty to inquire further and that he should have picked up the telephone and called the signer of that letter, whose name was typewritten at the bottom, at the telephone number which was shown at the top of the letter. That, according to counsel, is part of the duty of fairness. I disagree. There is no duty on the part of the Visa Officer to make that sort of inquiry. The assessment of the credibility of all the evidence that is put before a trier of fact, whether that evidence be testimonial or documentary, is entirely a matter for the trier's appreciation and there is no duty on the part of the trier of fact to go further and make his or her own inquiries. Indeed, frequently there is a breach of the duty of fairness when the trier of fact takes it upon him or herself to make such inquiries. That is the only part that is said to have been wrong with the Visa Officer's assessment of the experienced factored. And, as I say, I can find no error in it.
[4] The applicant's second alleged error has to do with the Visa Officer's assessment of personal suitability. Strictly speaking, it is not necessary for me to deal with that because so long as the finding of zero point of assessment for occupational experience stands, there could be no visa issued in any event. However, I think it is worth commenting very briefly on the submission that was made to me with respect to the personal suitability assessment. The Visa Officer gave the applicant four points of assessment. As I understand counsel, the burden of his argument against that assessment is that this was an average sort of case and that the average sort of assessment of the personal suitability factor is generally five or six. I simply cannot give effect to that argument. The assessment of personal suitability is very much a matter of discretion. The factors which the Visa Officer took into account, which he described in some detail in his affidavit, are all factors which are properly taken into account under that head and I cannot say that he erred in law or any other manner which is subject to review by this court by making the assessment that he did.
[5] The upshot is that the application for judicial review will be dismissed. Before entering the order, I invite counsel to make any submission, if they have any, with respect to the certification of a question.
"James K. Hugessen"
Judge
Toronto, Ontario
August 17, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-4119-97
| STYLE OF CAUSE: ZUBAIR AHMAD |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: MONDAY, AUGUST 17, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: HUGESSEN, J.
DATED: MONDAY, AUGUST 17, 1998
APPEARANCES: Mr. Nima Hejazi
For the Applicant
Mr. Brian Frimeth
For the Respondent
| SOLICITORS OF RECORD: Angie Codina |
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980817
Docket: IMM-4119-97
Between:
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR JUDGEMENT
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