Date: 19990323
Docket: IMM-2904-98
Toronto, Ontario, Tuesday the 23rd day of March, 1999
PRESENT: The Honourable Madame Justice Reed
BETWEEN:
SHARIFALI MOMIN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ORDER AND REASONS FOR ORDER
REED J. (orally)
[1] I am not persuaded that the visa officer misapplied the law when he used the word "benefit" (significant economic benefit to Canada). The definition in the regulations speaks of "a significant contribution to the economy ... of Canada". The contribution must be a positive one. Thus, it is not incorrect to refer to it as a "benefit". Assessing whether or not a "benefit" is likely to occur is not more subjective, nor is it a higher test than assessing whether a "positive contribution" is likely to occur. The Haughton decision is of a different order. In that case the visa officer did add additional requirements to the definition of executive secretary found in the CCDO. This did not occur in this case.
[2] Accordingly, the application is dismissed.
"B. Reed"
Judge
TORONTO, ONTARIO
March 23, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-2904-98 |
| STYLE OF CAUSE: SHARIFALI MOMIN |
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
| DATE OF HEARING: TUESDAY, MARCH 23, 1999 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| ORDER AND REASONS FOR ORDER BY: REED J. |
DATED: TUESDAY, MARCH 23, 1999
APPEARANCES: Mr. Max Chaudhary
For the Applicant
Ms. Marianne Zoric
For the Respondent
SOLICITORS OF RECORD: Chaudhary Law Office
| Barristers & Solicitors |
| 255 Duncan Mill Road |
| Suite 405 |
| North York, Ontario |
| M3B 3H9 |
| For the Applicant |
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19990323
Docket: IMM-2904-98
Between:
| SHARIFALI MOMIN |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
ORDER AND REASONS FOR ORDER