Date: 19981026
Docket: IMM-757-98
BETWEEN:
CHARANJIT SAILOPAL
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
ROTHSTEIN J.
[1] The issue in this judicial review is whether the visa officer correctly assessed the applicant's language ability. The applicant applied for permanent residence in the occupation of cook-foreign foods. The Court will only interfere if the visa officer's decision was patently unreasonable, that is, perverse, capricious or made without regard to the evidence. The applicant conceded he spoke English with difficulty and would have to work hard on his English. A sample of the applicant's writing indicates an ability to write English. The applicant's affidavit says he reads and writes English fluently.
[2] On the basis of the applicant's own evidence, there is no question that the visa officer was correct in finding that the applicant spoke English with difficulty. With respect to the applicant's ability to write and read English, the applicant's evidence is that he reads and writes English fluently. There is no contrary evidence. The applicant's writing sample, while containing a few spelling and grammatical errors, indicates a reasonable ability to write in the English language. In this respect, the evidence is similar to that in Farshidfar v. Canada (Minister of Citizenship and Immigration) (IMM-286-98, July 16, 1998, F.C.T.D.) in which McDonald J.A. found that a zero assessment was perverse. On the evidence before me, in this case, I must conclude that the Visa Officer's decision with respect to the ability of the applicant to read and write English is patently unreasonable.
[3] The judicial review is allowed. The matter is remitted to a different Visa Officer for redetermination.
"Marshall Rothstein"
Judge
TORONTO, ONTARIO
October 26, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-757-98
| STYLE OF CAUSE: CHARANJIT SAILOPAL |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: FRIDAY, OCTOBER 23, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN, J.
DATED: MONDAY, OCTOBER 26, 1998
APPEARANCES: Ms. Shoshana Green
For the Applicant
Mr. Godwin Friday
For the Respondent
SOLICITORS OF RECORD: Green & Spiegel
Barristers & Solicitors
Box 114, Standard Life Centre
2200-121 King St. W.
Toronto, Ontario
M5H 3T9
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19981026
Docket: IMM-757-98
Between:
CHARANJIT SAILOPAL
Applicant
- and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
REASONS FOR ORDER