Tsaraosi v. Canada (Citizenship and Immigration)

Tsaraosi v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2017-01-17
Neutral citation
2017 FC 59
File numbers
IMM-2893-16
Decision Content
Date: 20170117
Docket: IMM-2893-16
Citation: 2017 FC 59
Toronto, Ontario, January 17, 2017
PRESENT: The Honourable Mr. Justice Shore
BETWEEN:
GERASIMOS TSARAOSI
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
JUDGMENT AND REASONS
I. Overview [1] During his studies in Canada, the Applicant was an honour student at George Brown College. The same academic institution has now accepted his application for a resumption of post-secondary study.
[2] It cannot be stated that his study plans do not encompass a logical trajectory for a study permit from the evidence before the Visa Officer, nor that it is insufficient. (Reference is made to Egheoma v. Minister of Citizenship and Immigration, IMM-1005-16, October 20, 2016.)
II. Decision [3] The Applicant applied for a study permit pursuant to subsection 11(1) of the Immigration and Refugee Protection Act, SC 2001, c 27. The study permit was denied by the Visa Officer due to (1) overall unreasonableness of the Applicant’s plan of studies; (2) strong personal ties to Canada; and, (3) previous immigration history (2010-2014) when he was a student living in Canada with his parents, during which time the family had been refused refugee status.
[4] During his studies in Canada, the Applicant was an honour student at George Brown College. The same academic institution has now accepted his application for a resumption of post-secondary study.
[5] The Applicant has provided evidence of the establishment of his parents in Greece; corroboration was submitted as to significant savings for the Applicant’s student stay in Canada.
[6] The Applicant’s family resides in Greece and his ties therein remain strong. Only former friends are living in Canada with no family ties to his person.
[7] It cannot be stated that his study plans do not encompass a logical trajectory for a study permit from the evidence before the Visa Officer, nor that it is insufficient.
[8] It is not understandably clear as to why the Visa Officer denied the study permit. Without more specific clarification, even be it significantly brief, the officer’s decision is not reasonable.
[9] Therefore, the Application for judicial review is granted. The matter is to be returned to a different Visa Officer for determination anew.
JUDGMENT
THIS COURT’S JUDGMENT is that the application for judicial review be granted; the matter is returned to a different Visa Officer for determination anew. There is no serious question of general importance to be certified.
"Michel M.J. Shore"
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET:
IMM-2893-16
STYLE OF CAUSE:
GERASIMOS TSARAOSI v THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING:
Toronto, Ontario
DATE OF HEARING:
January 17, 2017
JUDGMENT AND REASONS:
SHORE J.
DATED:
JANUARY 17, 2017
APPEARANCES:
Mario D. Bellissimo
For The Applicant
Manuel Mendelzon
For The Respondent
SOLICITORS OF RECORD:
Bellissimo Law Group
Toronto, Ontario
For The Applicant
William F. Pentney
Deputy Attorney General of Canada
Toronto, Ontario
For The Respondent