D'souza v. MCI
Court headnote
D'souza v. MCI Court (s) Database Federal Court Decisions Date 2001-08-15 Neutral citation 2001 FCT 894 File numbers IMM-2810-00 Decision Content Date: 20010815 Docket: IMM-2810-00 Neutral citation: 2001 FCT 894 BETWEEN: SANJAY DIAGO D'SOUZA Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER ROTHSTEIN J.A. [1] Mr. Chaudhary, in spite of your able argument, I am not persuaded that the Visa Officer took into account an irrelevant consideration. The applicant's lack of travelling experience may well be relevant to the question of his adaptability for personal suitability purposes. There is no indication that undue emphasis was placed on this consideration. [2] Further, I am not satisfied that there is evidence that the Visa Officer's concern as to the applicant not having travelling experience was not brought to his attention. However, even if it was not, I do not think this is a case where there was a duty to do so. The evidence of not having travelled was that of the applicant. The Visa Officer had no obligation to inform the applicant of her assessment of his evidence as the interview progressed. [3] The judicial review will be dismissed. "Marshall Rothstein" Judge Toronto, Ontario August 15, 2001 FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: IMM-2810-00 STYLE OF CAUSE: SANJAY DIAGO D'SOUZA Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent DATE OF HEARING: TUESDAY, AUGUST 14, 2001 PLACE…
Read full judgment
D'souza v. MCI Court (s) Database Federal Court Decisions Date 2001-08-15 Neutral citation 2001 FCT 894 File numbers IMM-2810-00 Decision Content Date: 20010815 Docket: IMM-2810-00 Neutral citation: 2001 FCT 894 BETWEEN: SANJAY DIAGO D'SOUZA Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER ROTHSTEIN J.A. [1] Mr. Chaudhary, in spite of your able argument, I am not persuaded that the Visa Officer took into account an irrelevant consideration. The applicant's lack of travelling experience may well be relevant to the question of his adaptability for personal suitability purposes. There is no indication that undue emphasis was placed on this consideration. [2] Further, I am not satisfied that there is evidence that the Visa Officer's concern as to the applicant not having travelling experience was not brought to his attention. However, even if it was not, I do not think this is a case where there was a duty to do so. The evidence of not having travelled was that of the applicant. The Visa Officer had no obligation to inform the applicant of her assessment of his evidence as the interview progressed. [3] The judicial review will be dismissed. "Marshall Rothstein" Judge Toronto, Ontario August 15, 2001 FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: IMM-2810-00 STYLE OF CAUSE: SANJAY DIAGO D'SOUZA Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent DATE OF HEARING: TUESDAY, AUGUST 14, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR ORDER BY: ROTHSTEIN J.A. DATED: WEDNESDAY, AUGUST 15, 2001 APPEARANCES: Mr. M. Max Chaudhary For the Applicant Mr. Jeremiah Eastman For the Respondent SOLICITORS OF RECORD: CHAUDHARY LAW OFFICE Barristers & Solicitors 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: 20010815 Docket: IMM-2810-00 BETWEEN: SANJAY DIAGO D'SOUZA Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER Date: 20010814 Docket: IMM-2810-00 Toronto, Ontario, Tuesday the 14th day of August, 2001 PRESENT: The Honourable Mr. Justice Rothstein BETWEEN: SANJAY DIAGO D'SOUZA Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent ORDER The judicial review is dismissed. "Marshall Rothstein" Judge
Source: decisions.fct-cf.gc.ca