Date: 20010927
Docket: IMM-958-00
Neutral citation: 2001 FCT 1060
BETWEEN:
IQBAL AHMED KHAN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
McKEOWN J.
[1] The Applicant seeks judicial review of a decision of the visa officer dated January 21, 2000 refusing the Applicant's application for permanent residence. The Applicant seeks an order setting aside this decision, and an order referring the matter back to a different visa officer for a redetermination of the application.
Issues
[2] There are three issues in the case:
1. Did the visa officer err in law in assessing the Applicant as being 47 years of age and not 46, the age he was at the time the application for permanent residence was received?
2. Did the visa officer breach the rules of natural justice by not testing the Applicant's ability of reading and writing in English?
3. Did the visa officer err in law in awarding zero units of assessment to the Applicant in the category of personal suitability?
[3] On the first issue I infer that the cheque for the landing fee was enclosed with the application for a permanent residence and received on December 30th, 1996. Thus, the Applicant would be 46 at the time and should receive two more units, this is not a reversible error.
[4] In my view, the visa officer did not err in awarding only 2 points for English language. The officer's affidavit is clear that he cannot understand the Applicant in English and arranged for an interpreter. It would have been unfair to the Applicant to continue the interview in English. In the circumstances of this case, the visa officer did not have to test the Applicant's reading and writing ability in English. The visa officer asked the Applicant why in his application form it was stated he was fluent in speaking, reading and writing in English. The Applicant had no explanation other than that his brother made all the arrangements with the Immigration consultant who had prepared the application form. The visa officer did not err in awarding 2 points for English.
[5] In my view, I would have awarded the Applicant more than zero points for personal suitability, but the visa officer is in the best position to assess it. Even if the visa officer had awarded 4 or 5 units, the Applicant would not have sufficient units to qualify for permanent residence. There was a demonstrated lack of initiative on the Applicant's part to learn English and to learn about Canada. On the positive side he had worked in one job for eleven years in Pakistan and received a diploma in fine art, while continuing his employment as a cabinet maker. However, there was no perverse finding by the visa officer.
[6] The application for judicial review is dismissed.
"W.P. McKeown"
J.F.C.C.
Toronto, Ontario
September 27, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-958-00
STYLE OF CAUSE: IQBAL AHMED KHAN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
DATE OF HEARING: TUESDAY, SEPTEMBER 25, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: McKEOWN J.
DATED: THURSDAY, SEPTEMBER 27, 2001
APPEARANCES: Mr. J. Norris Ormston
For the Applicant
Mr. Jamie Todd
For the Respondent
SOLICITORS OF RECORD: Mr. J. Norris Ormston
Barrister and Solicitor
739 Bloor Street West
Toronto, Ontario
M6G 1L6
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20010927
Docket: IMM-958-00
Between:
IQBAL AHMED KHAN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
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