Date: 19981118
Docket: IMM-3699-97
BETWEEN:
ZAWAR SHAHID
Applicant
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
ROTHSTEIN J.
[1] The judicial review must be dismissed. The applicant submits that the visa officer did not properly consider the question of whether he was a diesel mechanic by failing to take into account or assessing him on the basis of his experience in Pakistan. However, her function is to assess him according to the standards contained in the job descriptions in the CCDO and now the NOC. With respect to his qualifications as a diesel mechanic, there is no detail in the material that he apparently submitted to the visa officer to substantiate the fact that he was in fact a diesel mechanic.
[2] The visa officer concluded that it was appropriate to award him 0 points for experience and I cannot see that her conclusion was incorrect in that respect.
[3] The applicant submits that he should have been considered under subsection 11(3) of the Immigration Act, R.S.C. 1985, C. I-2, however, the conclusion of the visa officer was that although she did consider him to have certain positive factors weighing in his favour, overall he could not be successfully established in Canada. She was, therefore, not able to consider him under subsection 11(3).
[4] The applicant then submits that there is an apprehension of bias because the visa officer questioned the validity of his degree and his experience letter. That is the function of the visa officer and it does not demonstrate bias for the visa officer to consider such matters and to question the applicant about them.
[5] The applicant has not satisfied me that there has been any error of law or jurisdiction by the visa officer in this case.
[6] The judicial review is dismissed.
"Marshall Rothstein"
Judge
CALGARY, Alberta
November 18, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3699-97
| STYLE OF CAUSE: ZAWAR SHAHID |
- and -
| THE MINISTER OF CITIZENSHIP AND |
IMMIGRATION
DATE OF HEARING: THURSDAY, NOVEMBER 12, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN, J.
DATED: WEDNESDAY, NOVEMBER 18, 1998
APPEARANCES: Mr. Malik Zaman
For the Applicant
Ms. Sally Thomas
For the Respondent
SOLICITORS OF RECORD: Malik Zaman & Associates Ltd.
Barristers & Solicitors
1436 Danforth Avenue Toronto, Ontario
M4J 1N4
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19981118
Docket: IMM-3699-97
Between:
| ZAWAR SHAHID |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER