Khawar v. Canada (Minister of Citizenship and Immigration), docket IMM-320-97

    

     Court File No. IMM-320-97

     IN THE FEDERAL COURT OF CANADA

     (TRIAL DIVISION)

ET/gr

B E T W E E N:

     TOUSEEF KHAWAR

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

    

     HELD BEFORE:      The Associate Chief Justice, Jerome

     REGISTRAR:      Garnet Morgan

     REPORTER:      Elizabeth Tsombanakis, CVR

     HELD AT:          330 University Avenue

             9th Floor,

                 Courtroom 7,

             Toronto, Ontario

     DATE:          November 25, 1997

    

     EXCERPT

A P P E A R A N C E S:

M. MAX CHAUDHARY, ESQ.      -- for the Applicant

LEENA JAAKKIMAINEN, MS.      -- for the Respondent

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     - i -

     INDEX OF PROCEEDINGS

     Page No.

     Reasons for Judgment ..................      1 - 4

RULING:

HIS LORDSHIP: Thank you, Mr. Chaudhary. I have some concern about trying to fit the pieces together here, so I'm going to err on the side of caution, and send this back to another visa officer. My reasons are these. The officer's letter, which is at pages 38 and 39 of the tribunal record, I guess, is it? This is, yes, or whatever is the record that I have in front of me now.

It begins with the second paragraph or I begin with the second paragraph,

"...Following your interview, I had asked you to provide a package of additional documents to support your work experience record in the United States. I have now concluded that these documents will not be required. My apologies for any inconvenience caused..."

He then goes on to turn it down, and part of the finding is that the work experience is not just not what he said it was, but unlawful, and that appears to me to be contradictory to at least to what I understand is the sense of the second paragraph that I have just quoted that, "You have to send the additional work documents", and yet the officer spends a great deal of time on the second page of his letter supporting his conclusions, which may have been, of course, entirely justified at the time, that the ability of this man to adapt to a Canadian way of life, and therefore, his work experience is questioned. But it is not clear to me how he reconciles these two points of view. "You don't have to produce your work record documents, but I'm taking the position that you didn't have the experience you say, and I'm also taking the position that it must, therefore, have been unlawful work without a visa, without an American visa." He goes into quite a bit of treatment of the American visa classifications, B-1 classifications, and therefore, I think, takes an adverse opinion of the man's work record, which is fine, suitability. But he then gets into whether he has respected American immigration laws, and yet opens the letter by saying, "You don't have to bring in your work record." I think if he is going to make that kind of finding, we all probably want to see what the work record is, what the documents are, and get some objective evidence about what his work experience was, and indeed, whether it was in conformity with American law or not. And therefore, I think what has happened is that the officer has reached some conclusions. He has indicated he doesn't need the documents, and then goes on to reach conclusions that only those documents probably could support. And therefore, out of fairness, I think it ought to be done again by a fresh visa officer. And I will, therefore, once I have had an opportunity to examine the transcript of my own Reasons here this afternoon, I will probably simply sign them, and in conformity with section 51 of the Federal Court Act, or else I may do reasons in support of them, but very brief, to indicate that the matter will be returned to a fresh visa officer. Thank you both.

THE REGISTRAR: This hearing is concluded.

--- upon adjourning at 4:24 p.m.

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I hereby certify the foregoing to be a true and accurate transcription of the above noted proceedings held before me on the 25TH DAY OF NOVEMBER, 1997 and taken to the best of my skill, ability and understanding.

             }

             } Certified Correct:

             }

             }

             }

             }

             } ________________________________

             } Elizabeth Tsombanakis

             } Certified Verbatim Reporter

             } 360-6117

     IMM-320-97

B E T W E E N:

     TOUSEEF KHAWAR

         Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

    

     HELD BEFORE:      The Associate Chief Justice, Jerome

HELD AT:      330 University Avenue

Court Room 7, 9th Floor

         Toronto, Ontario

     HELD ON:      November 25, 1997

     REGISTRAR:      Garnet Morgan

     REPORTER:      Elizabeth Tsombanakis, CVR

     E X C E R P T