Date: 20011220
Docket: IMM-3726-00
Neutral citation: 2001 FCT 1411
BETWEEN:
SYED ASLAM ZAHEER
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
SIMPSON J.:
[1] The applicant seeks judicial review of a decision of a Visa Officer ("Officer") found in a letter dated June 13, 2000 (the "Refusal Letter") in which his application for permanent residence in Canada as an entrepreneur was denied.
[2] The applicant submits, inter alia, that the Officer relied on two irrelevant matters.
[3] The first relates to the Officer's conclusion in the Refusal Letter that the applicant could not understand business principles in Canada because he could not understand the definition of entrepreneur in the Immigration Act. The Refusal Letter states that the Officer concluded that the applicant did not understand the definition of entrepreneur in the Immigration Act because he was unable to repeat it after it was read to him.
[4] In my view, there is no nexus between the ability to quickly memorize and recite a legislative provision and an understanding of the meaning of a provision. Accordingly, in reaching the conclusion that the applicant would be unable to grasp Canadian business principles, the Officer erred in that he relied on irrelevant considerations.
[5] The second issue arises because the Decision Letter also states that "You told me you have a business plan, but you were unable to provide it for my review, even when your wife went to the waiting room to search for it. This displays your poor planning."
[6] There may have been other good reasons to conclude that the applicant's proposed business venture was not well planned but the fact that he misplaced his written business plan (which was later located in the waiting room and reviewed by the Officer) was not a relevant consideration. Accordingly, the Officer erred in that he relied on an irrelevant fact.
Conclusions
[7] I am satisfied that these errors are material. I have no doubt that they tainted the Officer's assessment of the applicant's application and my view is reinforced by the fact that both matters are discussed in the Refusal Letter.
[8] In view of this conclusion, it is not necessary to consider the balance of the applicant's submissions. An Order will be made allowing this application for judicial review.
"Sandra J. Simpson"
JUDGE
Toronto, Ontario
December 20, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3726-00
STYLE OF CAUSE: SYED ASLAM ZAHEER
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
DATE OF HEARING: TUESDAY, NOVEMBER 27, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: SIMPSON J.
DATED: THURSDAY, DECEMBER 20, 2001
APPEARANCES: Immi Sikand
For the Applicant
Amina Riaz
For the Respondent
SOLICITORS OF RECORD: Green and Spiegel
Barristers & Solicitors
121 King Street West
Suite 2200
P.O. Box 114
Toronto, Ontario
M5H 3T9
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
FEDERAL COURT OF CANADA
Date: 2001220
Docket: IMM-3726-00
Between:
SYED ASLAM ZAHEER
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
REASONS FOR ORDER
Date: 20011220
Docket: IMM-3726-00
Toronto, Ontario, Thursday, the 20th day of December, 2001
Present: THE HONOURABLE MADAM JUSTICE SIMPSON
BETWEEN:
SYED ASLAM ZAHEER
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ORDER
UPON the applicant's application for judicial review of a decision of a Visa Officer dated June 13, 2000;
AND UPON reading the materials filed by both parties;
AND UPON hearing the submissions of counsel for both parties in Toronto on November 27, 2001;
AND UPON being advised that there are no questions posed for certification;
AND UPON reserving my decision in order to give this matter further consideration;
NOW THEREFORE THIS COURT ORDERS that, for the reasons issued this day:
9. The application for judicial review is allowed.
10. The applicant's application for permanent residence in Canada is to be reassessed by a different Visa Officer.
"Sandra J. Simpson"
JUDGE
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