Balasrishnan v. Canada (Minister of Citizenship and Immigration), docket IMM-117-99

Date: 19991008

Docket: IMM-117-99

BETWEEN:

     VASANTHA MALLIKA DEVI BALASRISHNAN and

     BALKRISHNAN NADARAJAH

     Applicants

     - and -

     THE MINISTER OF CITIZENSHIP

     AND IMMIGRATION

     Respondent

     REASONS FOR ORDER AND ORDER

CAMPBELL J.

[1]      This is an application to judicially review a decision of a visa officer wherein the applicant"s son was found not a dependant within the meaning of the Immigration Regulations, 1978 (the "Regulations") due to the fact that he was no longer a full-time student.

[2]      Apparent from the CAIPS notes respecting the decision, the visa officer concluded that computer training at technical schools does "not amount to higher education" referred to in the definition of "dependant son" in s. 2(1)(b) of the Regulations.

[3]      I find this conclusion to be an error in law since, following the reasoning of Tremblay-Lamer J. in Patel v. Canada (Minister of Citizenship and Immigration, [1998] F.C.J. No. 1423, the interpretation of the phrase "attendance as a full-time student in an academic, professional or vocational program at a university, college or other educational institution" as provided in the Regulations does not require a "qualitative" finding respecting the education received.

     ORDER

[4]      Accordingly, I set the visa officer"s decision aside and refer this matter to another visa officer for redetermination.

     "Douglas R. Campbell"

     Judge

Toronto, Ontario

October 8, 1999

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                      IMM-117-99

STYLE OF CAUSE:                  VASANTHA MALLIKA DEVI BALASRISHNAN and BALKRISHNAN NADARAJAH

     Applicants

- and -

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

     Respondent

DATE OF HEARING:              THURSDAY, OCTOBER 7, 1999

PLACE OF HEARING:              TORONTO, ONTARIO

REASONS FOR ORDER BY:          CAMPBELL, J.

DATED:                      FRIDAY, OCTOBER 8, 1999

APPEARANCES:                  Mr. Lorne Waldman

                                

                             For the Applicant

                        

                         Mr. Brian Frimeth

                             For the Respondent

SOLICITORS OF RECORD:          Jackman, Waldman & Associates

Barristers & Solicitors

281 Eglinton Avenue East

Toronto, Ontario

M4P 1L3

For the Applicant

                          Morris Rosenberg

                         Deputy Attorney General of Canada

                             For the Respondent

                    

                             FEDERAL COURT OF CANADA

                                 Date: 19991008

                        

         Docket: IMM-117-99

                             Between:

VASANTHA MALLIKA DEVI BALASRISHNAN and BALKRISHNAN NADARAJAH

     Applicants

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

                    

                            

            

                                                                             REASONS FOR ORDER