Gupta v. Canada (Minister of Citizenship and Immigration)

Gupta v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2002-06-18
Neutral citation
2002 FCT 687
File numbers
IMM-4025-00
Decision Content
Date: 20020618
Docket: IMM-4025-00
Neutral citation: 2002 FCT 687
Toronto, Ontario, Tuesday, the 18th day of June, 2002
PRESENT: The Honourable Madam Justice Layden-Stevenson
BETWEEN:
ANJNA KUMARI GUPTA
Applicant
and
THE MINISTER
OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] The applicant seeks judicial review of a visa officer's decision dated June 11, 2000 denying her application for permanent residence as an independent applicant in the occupation School and Guidance Counsellor (NOC 4143).
[2] At the outset of the hearing of the application for judicial review, counsel withdrew the ground advanced in the applicant's written submission that alleged error in the assessment of the
"experience" factor. The only error advanced and argued was a breach of procedural fairness on the basis of the visa officer's failure to disclose extrinsic evidence.
[3] The extrinsic evidence in question is the undated correspondence of "Consultants Inc." asserting, basically, that the applicant is a fraud. The CAIPS (Computer Assisted Immigration Processing) notes record receipt of the correspondence, by fax, on November 16, 1999.
[4] The respondent's counsel concedes that the extrinsic evidence was not disclosed to the applicant and submits that there was no obligation to disclose because the document was not relied upon by the visa officer at any time. The applicant's counsel agrees that unless the document was relied upon, there is no breach of procedural fairness.
[5] I have carefully considered all of the documentation in the record as well as the submissions made at the hearing. The applicant has failed to persuade me that the visa officer relied on the aforementioned document in arriving at her decision. There is no indication that the visa officer considered, let alone relied upon, the document. Therefore, there was no obligation to disclose since the purpose of disclosure is to provide the applicant with an opportunity to respond.
ORDER
The application for judicial review is dismissed. Counsel posed no question for certification and no question is certified.
"Carolyn Layden-Stevenson"
J.F.C.C.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-4025-00
STYLE OF CAUSE: ANJNA KUMARI GUPTA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: TUESDAY, JUNE 18, 2002
REASONS FOR ORDER
AND ORDER BY: LAYDEN-STEVENSON J.
DATED: TUESDAY, JUNE 18, 2002
APPEARANCES BY: Mr. Max Chaudhary
For the Applicant
Mr. Greg G. George
For the Respondent
SOLICITORS OF RECORD: Chaudhary Law Office
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: 20020618
Docket: IMM-4025-00
BETWEEN:
ANJNA KUMARI GUPTA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER