Date: 19980513
Docket: IMM-2532-96
BETWEEN:
ALTAF JIWAN
Applicant
- and -
THE MINISTER OF CITIZENSHIP & IMMIGRATION
Respondent
REASONS FOR ORDER
McGILLIS, J.
[1] The applicant has challenged by way of judicial review a decision of a visa officer dated May 22, 1996, refusing his application for permanent residence in Canada. The applicant had applied to immigrate to Canada in the Assisted Relative category in the occupation of a motor vehicle mechanic.
[2] Counsel for the applicant submitted, among other things, that the visa officer erred in law by taking into account irrelevant considerations relating to the applicant's physical appearance in assessing his work experience as a motor vehicle mechanic.
[3] A review of the visa officer's affidavit and the transcript of his cross-examination on the affidavit indicates that he had "difficulty believing" certain aspects of the applicant's statements concerning his work experience. The visa officer also formed the opinion, for various reasons, that the applicant did not have the appearance of a motor vehicle mechanic, but rather appeared to be someone who held a job that was more clerical in nature.
[4] Despite the concerns outlined in his affidavit and articulated during the course of his cross-examination, the visa officer nevertheless "...gave the applicant the benefit of the doubt...", and determined that the applicant had over two years of relevant work experience as a mechanic. As a result, he awarded him 4 units of assessment.
[5] Even if I were to accept the argument of the applicant's counsel that the visa officer erred by taking into account irrelevant considerations relating to the applicant's physical appearance, the evidence in the record indicates that the applicant was nevertheless awarded the requisite number of points for his years of experience in his current job. In the circumstances, the error was not material, in that it did not affect the visa officer's assessment of the applicant's relevant work experience, in either his current or previous jobs.
[6] The application for judicial review is dismissed. The case raises no serious question of general importance.
"D. McGilis"
Judge
Toronto, Ontario
May 13, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2532-96
| STYLE OF CAUSE: ALTAF JIWAN |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: MAY 12, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: MCGILLIS, J.
DATED: MAY 13, 1998
APPEARANCES:
Mr. Max Chaudhary
For the Applicant
Ms. Lori Hendriks
For the Respondent
SOLICITORS OF RECORD:
Chaudhary Law Office
812-255 Duncan Mill Road
North York, Ontario
M3B 3H9
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980513
Docket: IMM-2532-96
Between:
| ALTAF JIWAN |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER