Date: 19991006
Docket: IMM-5674-98
BETWEEN:
SURINDER PAUL
Applicant
-and-
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL J.
[1] Respecting the visa officer"s decision in this case not to grant permanent resident status to the applicant, I find a reviewable error in the application of the language criterion specified in Schedule One of the Immigrations Regulations, 1978.
[2] In Schedule One, knowledge of the English and French languages is to be assessed on the basis of "proficiency in each of the following abilities, namely, speaking, reading and writing..."
[3] In the present case, contrary to the requirements of the language provision, the applicant was only assessed for his ability to speak English. I am satisfied that this error in law may have had a significant impact on the overall finding of the visa officer respecting the applicant"s suitability for admission.
ORDER
Accordingly, I hereby set the visa officer"s decision aside and refer the matter to another visa officer for re-determination.
"Douglas R.Campbell"
Judge
TORONTO, ONTARIO
October 6, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-5674-98 |
STYLE OF CAUSE: SURINDER PAUL
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| DATE OF HEARING: WEDNESDAY, OCTOBER 6, 1999 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: CAMPBELL, J. |
DATED: WEDNESDAY, OCTOBER 6, 1999
APPEARANCES: Ms. Shoshana Green
For the Applicant
Ms. Geraldine MacDonald
For the Respondent
SOLICITORS OF RECORD: Green & Spiegel
Box 114
Standard Life Centre
2200-121 King St. W.
Toronto, ON M5H 3T9
| For the Applicant |
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19991006
Docket: IMM-5674-98
Between:
SURINDER PAUL
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER