Date: 20020814
Docket: IMM-5959-00
Neutral citation: 2002 FCT 868
BETWEEN:
MUHAMMAD BASHIR
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Toronto, Ontario,
on Wednesday, August 14, 2002.)
ROTHSTEIN J.A. (ex officio)
- In spite of the able argument of applicant's counsel, I am unable to agree that the visa officer made a reviewable error in this case in concluding that the applicant did not demonstrate his qualifications as a tool and die maker. The visa officer simply did not believe the applicant. He asked him a number of questions. He found the applicant evasive and general. He asked specific questions and found the applicant not forthcoming as to what his duties were. As a result, he concluded that he was not employed as a skilled worker in the occupation of a tool and die maker.
-
[2] Contrary to the applicant's submission, I interpret the CAIPS notes as indicating that the applicant's application, including the documents he submitted, were considered by the visa officer. It appears the visa officer accorded them little weight.
[3] There is no duty to give notice to the applicant of the visa officer's concerns with the applicant's credibility or that the visa officer intended to give the documents submitted little weight.
[4] The applicant filed an affidavit disputing what the visa officer stated transpired at the interview in his affidavit. The applicant's affidavit was sworn approximately one year after the interview. The applicant did not cross-examine the visa officer on his affidavit. I prefer the evidence in the CAIPS notes which were entered at the time of the interview.
[5] It is not necessary to consider the other issues raised by the applicant because the finding that the applicant was not qualified as a tool and die maker is dispositive of the result in this case.
[6] The judicial review will be dismissed.
"Marshall Rothstein"
Judge
Toronto, Ontario
August 14, 2002
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-5959-00
STYLE OF CAUSE: MUHAMMAD BASHIR
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: WEDNESDAY, AUGUST 14, 2002
REASONS FOR ORDER BY: ROTHSTEIN J.A.
DATED: WEDNESDAY, AUGUST 14, 2002
APPEARANCES BY: Mr. Douglas Lehrer
For the Applicant
Ms. Amina Riaz
For the Respondent
SOLICITORS OF RECORD: VANDERVENNEN LEHRER
Barristers & Solicitors
45 Saint Nicholas Steet
Toronto, Ontario
M4Y 1W6
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date:20020814
Docket: IMM-5959-00
BETWEEN:
MUHAMMAD BASHIR
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
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