Arora v. Canada (Minister of Citizenship and Immigration)
Court headnote
Arora v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-06-06 Neutral citation 2002 FCT 647 File numbers IMM-4262-00 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 engineer…
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Arora v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-06-06 Neutral citation 2002 FCT 647 File numbers IMM-4262-00 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" 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
Source: decisions.fct-cf.gc.ca