Khan v. MCI
Court headnote
Khan v. MCI Court (s) Database Federal Court Decisions Date 2001-08-17 Neutral citation 2001 FCT 916 File numbers IMM-3704-00 Decision Content Date: 20010817 Docket: IMM-3704-00 Neutral citation:2001 FCT 916 BETWEEN: MUHAMMAD ARSHAD KHAN Applicant -and- THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER LINDEN J.A. [1] This application for judicial review challenges the decision of a Visa Officer refusing the applicant's application for permanent residence on two grounds. The Visa Officer granted a total of 60 points when 70 were needed. [2] As for the first ground, the Visa Officer gave only 5 points out of 13 possible ones for education, on the basis that the documents presented were of "no significant probative value", after having questioned the applicant about the subject matter of the courses, he allegedly studied at the University of Karachi. I can see no basis on which to interfere with his assessment on this issue, it being essentially a factual matter and entitled therefore, to substantial deference. [3] On the second issue of suitability, the Visa Officer awarded only 2 units out of 10. While there was a hint of a possible "double counting" in the material in that language skill was mentioned in the notes relating to suitability it is clear that the assessment of the Visa Officer was not based on language skill but on all the material before him and the interview he undertook. I am not persuaded that he erred in his decision on this matter. [4…
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Khan v. MCI Court (s) Database Federal Court Decisions Date 2001-08-17 Neutral citation 2001 FCT 916 File numbers IMM-3704-00 Decision Content Date: 20010817 Docket: IMM-3704-00 Neutral citation:2001 FCT 916 BETWEEN: MUHAMMAD ARSHAD KHAN Applicant -and- THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER LINDEN J.A. [1] This application for judicial review challenges the decision of a Visa Officer refusing the applicant's application for permanent residence on two grounds. The Visa Officer granted a total of 60 points when 70 were needed. [2] As for the first ground, the Visa Officer gave only 5 points out of 13 possible ones for education, on the basis that the documents presented were of "no significant probative value", after having questioned the applicant about the subject matter of the courses, he allegedly studied at the University of Karachi. I can see no basis on which to interfere with his assessment on this issue, it being essentially a factual matter and entitled therefore, to substantial deference. [3] On the second issue of suitability, the Visa Officer awarded only 2 units out of 10. While there was a hint of a possible "double counting" in the material in that language skill was mentioned in the notes relating to suitability it is clear that the assessment of the Visa Officer was not based on language skill but on all the material before him and the interview he undertook. I am not persuaded that he erred in his decision on this matter. [4] Counsel for the applicant urged that a question be certified relating to whether it was legitimate for the Visa Officer to ask the applicant questions relating to his studies in probing his educational achievements in light of the Immigration Regulations, 1978. I am not inclined to certify the question as it would not be determinative of the case. Even if the points for education were increased to the maximum allowed, which is unlikely, the applicant would still be 2 points short of the requirements. As for the case of Hameed, which was cited, the point differential would only have been 1 point, something that might have had an effect on the points granted there for suitability. It is highly unlikely that two or more points would have been obtained in this case something that the Visa Officer specifically addressed. Hence, even if the certified question were answered favourably to the applicant, he would still be unsuccessful in his application. [5] The application will therefore, be dismissed. "A. M. Linden" Judge Toronto, Ontario August 17, 2001 FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: IMM-3704-00 STYLE OF CAUSE: MUHAMMAD ARSHAD KHAN Applicant -and- THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent DATE OF HEARING: FRIDAY, AUGUST 17, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR ORDER BY: LINDEN J.A. DATED: FRIDAY, AUGUST 17, 2001 APPEARANCES: Mr. Max Chaudhary For the Applicant Ms. Mielka Visnic For the Respondent SOLICITORS OF RECORD: Chaudhary Law Office Barristers & Solicitors 18 Wynford Drive, Suite 707 Toronto, Ontario M3C 3S2 For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA Date: 20010817 Docket: IMM-3704-00 BETWEEN: MUHAMMAD ARSHAD KHAN Applicant -and- THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER Date: 20010817 Docket: IMM-3704-00 Toronto, Ontario, Friday the 17th day of August, 2001 PRESENT: The Honourable Mr. Justice Linden BETWEEN: MUHAMMAD ARSHAD KHAN Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent ORDER This application is dismissed. "A. M. Linden" Judge
Source: decisions.fct-cf.gc.ca