Date: 19980122 Docket: IMM-3060-96
BETWEEN:
HOSSEIN FARSI ALI ABAD
Applicant
-and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Let the attached certified transcript of my Reasons for Order delivered orally
from the Bench at Toronto, Ontario, on November 26, 1997, be filed to comply with S. 51 of the Federal Court Act.
James A Jerome
A.C.J.
Court File No. IMM-3060-96
IN THE FEDERAL COURT OF CANADA TRIAL DIVISION
B E T W E E N:
HOSSEIN FARSI ALI ABAD
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent
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HELD BEFORE: The Associate Chief Justice, Jerome
HELD AT: 330 University Avenue, 9th Floor Courtroom 7
Toronto, Ontario
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Elizabeth Tsombanakis,
REPORTER:
REGISTRAR: Garnet Morgan
HELD ON: November 26, 1997 REASONS FOR JUDGMENT
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A P P E A R A N C E S
M. MAX CHAUDHARY, ESQ. --- for the Applicant
SALLY THOMAS, MS. --- for the Respondent
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EXCERPT
CERTIFIED & COMMISSIONED REPORTERS FOR: • BOARDS OF INQUIRY • CONVENTIONS • CONFERENCES • ARBITRATIONS • VIDEO TAPING • AMERICAN DEPOSITIONS • EXAMINATIONS FOR DISCOVERY • FEDERAL COURT DISCOVERY • DAILY COPY A SPECIALTY
- REPORTERS MADE AVAILABLE TO YOUR OFFICE -
INDEX OF PROCEEDINGS
PAGE NUMBER
10
Reasons by:
Associate Chief Justice
Jerome 1 - 3
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CERTIFIED & COMMISSIONED REPORTERS FOR. • BOARDS OF INQUIRY • CONVENTIONS • CONFERENCES • ARBITRATIONS -VIDEOTAPING -AMERICAN DEPOSITIONS • EC4MINATIONS FOR DISCOVERY -FEDERAL COURT DISCOVERY -DAILY COPY A SPECIALTY
- REPORTERS MADE AVAILABLE TO YOUR OFFICE -
- 1 - Reasons
REASONS BY ASSOCIATE CHIEF JUSTICE JEROME:
HIS LORDSHIP: I am not going to allow the application. My Reasons are very brief. This is a case in which there is both evidence and argument in favour of the applicant, and in favour of the position taken by the Minister, but it is, of course, not for me to decide whether I would have permitted the application.
I have to say to you on the face of the evidence, as I see it now, I would... I have very grave doubts about whether I would have allowed it either, but that is not the test.
The test is only whether this officer, who has experience in this field, discharged his responsibilities of fairness to this applicant in assessing the question about whether this applicant could reasonably. pursue as an entrepreneur the carrying on of an exchange kiosk in Halifax.
- There are several factors which caused the . officer to be concerned; the applicant's language skills or difficulty; his lack of familiarity with Canada; and as well, his limited experience in owning or operating businesses of a similar nature, and it is certainly the visa officer's responsibility to inquire into all of these areas.
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CERTIFIED & COMMISSIONED REPORTERS FOR: • BOARDS OF INQUIRY • CONVENTIONS • CONFERENCES • ARBITRATIONS • VIDEO TAPING • AMERICAN DEPOSITIONS • F-YAMINATIONS FOR DISCOVERY • FEDERAL COURT DISCOVERY • DAILYCOPYA SPECIALTY
- REPORTERS MADE AVAILABLE TO YOUR OFFICE -
- 2 - Reasons
I believe that he did so properly, and that he did not go on to consider improper or irrelevant factors in making his conclusion. Therefore, it is, again, as I say, not for me to sit in review or in appeal of the visa officer's actions or conclusions, only to decide whether he discharged hisresponsibility properly, and considered relevant evidence, and treated the applicant fairly, and I believe that on all three of those counts, the application must fail.
I will reduce these Reasons to brief written form when I have had an opportunity to edit my Reasons this afternoon, and to file them in accordance with section 51 of the Federal Court Act. Thank you.
Upon adjourning at 4:54 p.m.
CERTIFIED & COMMISSIONED REPORTERS FOR: • BOARDS OF INQUIRY • CONVENTIONS • CONFERENCES • ARBITRATIONS • VIDEO TAPING • AMERICAN DEPOSITIONS • E,CiMINATIONS FOR DISCOVERY • FEDERAL COURT DISCOVERY • DAILYCOPYA SPECIALTY
- REPORTERS MADE AVAILABLE TO YOUR OFFICE -
- 3 - Reasons
I hereby certify the foregoing to be a true and accurate transcription of the above noted proceedings held before me on the 26th DAY OF NOVEMBER, 1997 and taken to the best of my skill, ability and understanding.
Certified Correct:
Elizabeth Tsombanakis
Certified Verbatim Reporter
360-6117
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-3060-96
STYLE OF CAUSE: Hossein Farsi Ali Abad v. The Minister of Citizenship and Immigration
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: November 26, 1997
REASONS FOR ORDER OF THE HONOURABLE ASSOCIATE CHIEF JUSTICE JEROME DATED: January 22, 1998
APPEARANCES
Mr. Max Chaudhary FOR THE APPLICANT
Ms. Sally Thomas FOR THE RESPONDENT
SOLICITORS ON THE RECORD:
Mr. Max Chaudhary FOR THE APPLICANT North York, Ontario
Mr. George Thomson FOR THE RESPONDENT Deputy Attorney General of Canada