Date: 20040427
Docket: IMM-2603-03
Citation: 2004 FC 621
Toronto, Ontario, April 27th, 2004
Present: The Honourable Madam Justice Layden-Stevenson
BETWEEN:
MOHAMMADU FAZAL
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] When the applicant's wife sponsored him to come to Canada, the applicant was twice interviewed at the Canadian High Commission in Columbo. In denying the application, the visa officer made two findings: the applicant did not meet the requirements for permanent residence because he was inadmissible under paragraph 36(1)(c) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA); no appeal of the decision could be made to the Immigration Appeal Division (IAD).
[2] Despite the articulate submissions of counsel and my sympathy for the applicant who finds himself in a Catch 22 situation, in the face of his admissions I can find no basis in law for concluding that the officer erred in arriving at the determination with respect to inadmissibility. A visa officer does not possess the equitable jurisdiction of the IAD.
[3] The respondent concedes that the second determination, that no appeal could be made to the IAD, is an error of law. On that basis, the application for judicial review will be allowed and the matter will be remitted for redetermination before a different visa officer.
[4] In the circumstances and in view of the delay between the date upon which the determination was made and the date upon which the notification issued, I would hope that the respondent would make every effort to expedite the redetermination. This matter raises no question for certification.
ORDER
IT IS HEREBY ORDERED THAT the application for judicial review is allowed and the matter is remitted for redetermination before a different visa officer.
"Carolyn Layden-Stevenson"
J.F.C.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-2603-03
STYLE OF CAUSE: MOHAMMADU FAZAL
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: APRIL 27, 2004
REASONS FOR ORDER
AND ORDER BY: LAYDEN-STEVENSON J.
DATED: APRIL 27, 2004
APPEARANCES:
DAVID P.YERZY FOR THE APPLICANT
DAVID TYNDALE FOR THE RESPONDENT
SOLICITORS OF RECORD:
DAVID P.YERZY
BARRISTER AND SOLICITOR
TORONTO, ONTARIO FOR THE APPLICANT
MORRIS ROSENBERG
DEPUTY ATTORNEY GENERAL
OF CANADA
TORONTO, ONTARIO FOR THE RESPONDENT
FEDERAL COURT
TRIAL DIVISION
Date: 20040427
Docket: IMM-2603-03
BETWEEN:
MOHAMMADU FAZAL
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER
Email this Content