Federal Court Decisions

Decision Information

Decision Content

                                                                                                                                                                       

Date: 20020606

Docket: IMM-4262-00

Neutral citation: 2002 FCT 647

BETWEEN:

                                                         JAGDISH KUMAR ARORA

Applicant

- and -

THE MINISTER

OF CITIZENSHIP AND IMMIGRATION

Respondent

                                                            REASONS FOR ORDER

LUTFY A.C.J.

[1]                 The visa officer erred, in the circumstances of this case, in not testing the applicant's English reading skills: Farshidfar v. Canada (Minister of Citizenship and Immigration), [1998] F.C.J. No. 1046 (QL) (T.D.). However, even if the applicant had been correctly assessed under the language factor, his total units would nonetheless have been below the usual requirement of seventy units.

[2]                 The applicant properly conceded that there was no reviewable error under the personal suitability factor.


[3]                 Accordingly, to succeed in this application for judicial review, the applicant must demonstrate that he completed a first level university degree which required at least three years of full-time study for an assessment of fifteen units instead of the thirteen units awarded by the visa officer.

[4]                 The record discloses no evidence of the applicant having obtained a first level university degree. His certificate from the Institution of Engineers (India) is not a university degree and was obtained over two winter sessions. Prior to earning the certificate, he obtained a diploma in electrical engineering over a three-year period but, again, there is no evidence that this is a first level university degree. Similarly, the informal assessment from the Canadian Council of Technicians and Technologists discloses no additional information which can assist the applicant. No reviewable error under the education factor has been established.

[5]                 For these reasons, this application for judicial review will be dismissed. Neither party suggested the certification of a serious question.

  

                                                                                                                                                                       

"Allan Lutfy"

line

                                                                                                                                                            A.C.J.                          

Toronto, Ontario

June 6, 2002


                                                    FEDERAL COURT OF CANADA

Names of Counsel and Solicitors of Record

DOCKET:                                               IMM-4262-00

STYLE OF CAUSE:                 JAGDISH KUMAR ARORA

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND

IMMIGRATION

Respondent

DATE OF HEARING:         THURSDAY, JUNE 6, 2002

PLACE OF HEARING:        TORONTO, ONTARIO

REASONS FOR ORDER BY:    LUTFY A.C.J.

DATED:                    THURSDAY, JUNE 6, 2002

APPEARANCES BY:        Mr. Max Chaudhary

For the Applicant

Mr. Jamie Todd

For the Respondent

SOLICITORS OF RECORD:Max Chaudhary

Barrister and Solicitor

18 Wynford Drive

Suite 707

North York, Ontario

M3C 3S2

For the Applicant

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent


FEDERAL COURT OF CANADA

                      Date: 20020606

                                                         Docket: IMM-4262-00

BETWEEN:

JAGDISH KUMAR ARORA

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

                                                   

REASONS FOR ORDER

                                                   

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