Date: 20030220
Docket: IMM-5870-01
Neutral citation: 2003 FCT 204
Ottawa, Ontario, this 20th day of February, 2003.
Present: THE HONOURABLE MR. JUSTICE KELEN
BETWEEN:
MOHAMMAD ASIF CHUGHTAI
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] This is an application for judicial review of the decision of Immigration Officer H. Roznawski, denying Mr. Chughtai's application for permanent residence. The applicant applied in the Assisted Relative / Family Business Job Offer category and was refused because he was awarded only 54 of the 65 units of assessment required for his application to succeed.
[2] The applicant submits that the decision should be set aside because the Immigration Officer failed to award him sufficient points for personal suitability, was unprepared for the interview, treated the applicant unfairly by keeping him waiting 5½ hours from the scheduled interview time, rendered the impression that his application was approved in principle at the end of the interview, and unreasonably failed to exercise her discretion under subsection 11(3) of the Regulations.
[3] The Court is satisfied that the applicant is entitled to a new interview and assessment of his application for a visa because he was not fairly considered. First, the applicant was scheduled to be interviewed at 9:00 a.m. by another visa officer. That visa officer was not available and after keeping the applicant waiting for 5½ hours, Immigration Officer Roznawski took over the file. At that point, the applicant would naturally be under an unusual amount of anxiety and stress. Moreover, the visa office in Detroit was obviously not ready to conduct business in a normal and professional fashion. Accordingly, the applicant was not fairly assessed.
[4] Since the "assisted relative/family business job offer category" under the former Immigration Act has been eliminated under the new Act, the appropriate order of this Court is that this interview and assessment of the applicant take place at the visa office on or before March 31, 2003 so that the applicant is assessed under the former Immigration Regulations.
[5] The parties did not pose any questions for certification. The Court agrees that this case does not warrant the certification of a question for appeal.
ORDER
THE COURT HEREBY ORDERS THAT:
1. This application for judicial review is allowed; and,
2. The matter is referred back to the respondent for interview and assessment by another visa officer before March 31, 2003 in accordance with the former Immigration Regulations.
"Michael A. Kelen"
J.F.C.C.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-5870-01
STYLE OF CAUSE: MOHAMMAD ASIF CHUGHTAI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: TUESDAY, FEBRUARY 11, 2003
REASONS FOR ORDER
AND ORDER BY: THE HONOURABLE MR. JUSTICE KELEN
DATED: THURSDAY, FEBRUARY 20, 2003
APPEARANCES BY: Mr. Matthew M. Moyal
For the Applicant
Mr. Martin Anderson
For the Respondent
SOLICITORS OF RECORD: Mr. Matthew M. Moyal
Moyal & Moyal
Barristers & Solicitors
8 Finch Avenue West
Toronto, ON M2N 6L1
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20030220
Docket: IMM-5870-01
BETWEEN:
MOHAMMAD ASIF CHUGHTAI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER
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