D'souza v. MCI, 2001 FCT 894

Date: 20010815

Docket: IMM-2810-00

Neutral citation: 2001 FCT 894

BETWEEN:

SANJAY DIAGO D'SOUZA

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR ORDER

ROTHSTEIN J.A.

[1]                Mr. Chaudhary, in spite of your able argument, I am not persuaded that the Visa Officer took into account an irrelevant consideration. The applicant's lack of travelling experience may well be relevant to the question of his adaptability for personal suitability purposes.    There is no indication that undue emphasis was placed on this consideration.

[2]                Further, I am not satisfied that there is evidence that the Visa Officer's concern as to the applicant not having travelling experience was not brought to his attention. However, even if it was not, I do not think this is a case where there was a duty to do so. The evidence of not having travelled was that of the applicant. The Visa Officer had no obligation to inform the applicant of her assessment of his evidence as the interview progressed.

[3]                The judicial review will be dismissed.

"Marshall Rothstein"

                                                                                                                                       Judge                         

Toronto, Ontario

August 15, 2001

                                                                                   FEDERAL COURT OF CANADA

                                    Names of Counsel and Solicitors of Record

DOCKET:                                                           IMM-2810-00

STYLE OF CAUSE:                                             SANJAY DIAGO D'SOUZA

                                                                                                                                   Applicant

- and -

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

                                                                                                                                Respondent

DATE OF HEARING:                                          TUESDAY, AUGUST 14, 2001

PLACE OF HEARING:                            TORONTO, ONTARIO

REASONS FOR ORDER BY:                               ROTHSTEIN J.A.

DATED:                                                             WEDNESDAY, AUGUST 15, 2001

APPEARANCES:                                               Mr. M. Max Chaudhary

For the Applicant

Mr. Jeremiah Eastman

                                                                        For the Respondent

SOLICITORS OF RECORD:                             CHAUDHARY LAW OFFICE

Barristers & Solicitors

18 Wynford Drive, Suite 707

North York, Ontario

M3C 3S2

For the Applicant

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent

FEDERAL COURT OF CANADA

Date: 20010815

Docket: IMM-2810-00

BETWEEN:

SANJAY DIAGO D'SOUZA

Applicant

- and -

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

                                                                                                                            Respondent

REASONS FOR ORDER

Date: 20010814

Docket: IMM-2810-00

Toronto, Ontario, Tuesday the 14^th day of August, 2001

PRESENT:      The Honourable Mr. Justice Rothstein

BETWEEN:

SANJAY DIAGO D'SOUZA

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

ORDER

The judicial review is dismissed.

"Marshall Rothstein"

                                                                                                                                       Judge