Date: 19990330
Docket: IMM-1789-98
BETWEEN:
ARKADI AMINOV,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
REASONS FOR ORDER AND ORDER
CAMPBELL J.
[1] On the face of the record there is a discrepancy in the documentation respecting the correct business registration number of the applicant's employer: BUILDING & CONSTRUCTION YUDA YABLONKA. I find that this discrepancy caused an error in fact to be made by the visa officer which resulted in the demand for the filing of original pay slips.
[2] Respecting the original pay slips, I find that they were not filed due to a misunderstanding, and, as a result, an injustice has occurred. I find that this injustice is the result of an error in due process.
[3] Accordingly, the decision of visa officer Ms. Santina Del Castello is set aside and the matter is referred back to her, or another visa officer if she is unavailable or unwilling to conclude this matter, for redetermination on the following directions:
| 1. Speak to a representative of BUILDING & CONSTRUCTION YUDA YABLONKA regarding the applicant's employment. |
| 2. Verify the correct business registration number which is 051183515. |
| 3. If the original pay slips are filed within 60 days of this order, consider them. |
| 4. If the original pay slips are not filed within 60 days, this fact can be taken into account. |
[4] I make no award as to costs.
"Douglas Campbell"
Judge
Winnipeg, Manitoba
March 30, 1999
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-1789-98
| STYLE OF CAUSE: Arkadi Aminov v. The Minister of Citizenship and Immigration |
PLACE OF HEARING: Winnipeg, Manitoba
DATE OF HEARING: March 30, 1999
REASONS FOR ORDER
OF THE COURT: The Honourable Mr. Justice Campbell
DATED: March 30, 1999
APPEARANCES
Mira J. Thow
Zaifman Associates for the Applicant
Tracey Harwood-Jones for the Respondent
Dept. of Justice
Winnipeg, Manitoba
SOLICITORS OF RECORD
Zaifman Associates
Winnipeg, Manitoba
for the Applicant
Morris Rosenberg
Deputy Attorney General of Canada for the Respondent