Date: 19990408
Docket: IMM-1383-98
BETWEEN:
KHIZAR HAYAT
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
McKEOWN J.
[1] The applicant, a citizen of Pakistan, seeks judicial review of a decision of visa officer dated February 10, 1998 wherein the applicant's application for permanent residence in Canada was refused.
[2] The issues are whether the visa officer erred in awarding the applicant 0 units for the experience factor, and 2 units for the English ability.
[3] The applicant submits that based on the letters of reference he provided attesting to his nine years as a chef he is entitled to 8 units for the experience factor.
However, the applicant could not provide the visa officer with any independent and credible documents showing he had been a temporary resident of Saudi Arabia where he claimed to have worked for several years. The applicant was also unable to answer any questions designed to show his culinary ability nor to provide any more details of his work at the three restaurants from which he has references. It was open for the visa officer to conclude that the letters had been tailored to meet the requirements of the Immigration Regulations and assess the applicant at 00 for the experience.
[4] The visa officer also assessed the applicant in the alternative occupation of sales promotion administrator. Although I accept it is a problem for an illegal immigrant to make much money in the U.S. it was still open for the visa officer to find there was no satisfactory evidence that he was employed as a sales promotion administrator. At most he was a gas station manager and that would not have provided him with sufficient points to pass his application.
[5] The applicant submits that he is entitled to 9 units of assessment for the English language factor as he speaks, reads and writes English fluently. However, the visa officer found that his verbal skills were characterized as functional and at time the applicant appeared to have some difficulty understanding specific questions. He could not describe the subject of a magazine article he was given to read in English. Furthermore, he had difficulty in reading it in English. He could not write in English a description of a dish he had prepared. Based on the factors, the visa officer awarded him 2 units of assessment for English verbal skills, and 00 for ability to read and write English. Again, these findings were open to the visa officer.
[6] The application for judicial review is dismissed.
"W.P. McKeown"
Judge
TORONTO, ONTARIO
April 8, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-1383-98
| STYLE OF CAUSE: KHIZAR HAYAT |
| - and - |
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
DATE OF HEARING: THURSDAY, APRIL 8, 1999
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: McKEOWN J.
DATED: THURSDAY, APRIL 8, 1999
APPEARANCES: Mr. Stan Ehrlich
For the Applicant
Mr. Marcel Larouche
For the Respondent
SOLICITORS OF RECORD: Goodman Philllips & Vineberg
Barristers & Solicitors
Box 24, 2400-250 Yonge St.,
Toronto, Ontario
M5B 2M6
For the Applicant
| Morris Rosenberg |
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19990408
Docket: IMM-1383-98
Between:
| KHIZAR HAYAT |
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
REASONS FOR ORDER