Aminov v. Canada (Minister of Citizenship and Immigration), docket IMM-1789-98

Date: 19990330

Docket: IMM-1789-98

BETWEEN:

     ARKADI AMINOV,

     Applicant,

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION,

     Respondent.

     REASONS FOR ORDER AND ORDER

CAMPBELL J.

[1]      On the face of the record there is a discrepancy in the documentation respecting the correct business registration number of the applicant's employer: BUILDING & CONSTRUCTION YUDA YABLONKA. I find that this discrepancy caused an error in fact to be made by the visa officer which resulted in the demand for the filing of original pay slips.

[2]      Respecting the original pay slips, I find that they were not filed due to a misunderstanding, and, as a result, an injustice has occurred. I find that this injustice is the result of an error in due process.

[3]      Accordingly, the decision of visa officer Ms. Santina Del Castello is set aside and the matter is referred back to her, or another visa officer if she is unavailable or unwilling to conclude this matter, for redetermination on the following directions:

[4]      I make no award as to costs.

     "Douglas Campbell"

     Judge

Winnipeg, Manitoba

March 30, 1999

     FEDERAL COURT OF CANADA

     TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO.:                  IMM-1789-98

PLACE OF HEARING:              Winnipeg, Manitoba

DATE OF HEARING:              March 30, 1999

REASONS FOR ORDER                 

OF THE COURT:                   The Honourable Mr. Justice Campbell

DATED:                      March 30, 1999

APPEARANCES

Mira J. Thow

Zaifman Associates      for the Applicant

Tracey Harwood-Jones      for the Respondent

Dept. of Justice

Winnipeg, Manitoba

SOLICITORS OF RECORD

Zaifman Associates

Winnipeg, Manitoba

     for the Applicant

Morris Rosenberg

Deputy Attorney General of Canada      for the Respondent