Khan v. Canada (Minister of Citizenship and Immigration)
Court headnote
Khan v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-01-28 Neutral citation 2003 FCT 93 File numbers IMM-4370-01 Decision Content Date: 20030128 Docket: IMM-4370-01 Neutral citation: 2003 FCT 93 Toronto, Ontario, Tuesday, the 28th day of January, 2003 Present: The Honourable Mr. Justice Campbell BETWEEN: ZULQARNAIN KHAN Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the Applicant applied for permanence residence in Canada as a "Sociologist". However, the Visa Officer who considered the application did not formally assess the Applicant as requested but, instead, so assessed him as a "Health Promotion Officer". [2] On the basis of the reasons provided in Radjenovic v. The Minister of Citizenship and Immigration (Neutral citation; 2002 FCT 995-5308), I find that the failure of the Visa Officer to formally assess the Applicant in the occupational category he requested constitutes a reviewable error. [3] In addition, in the course of the evaluation which the Visa Officer did make, it is admitted that an error, which I find to be a reviewable error, was made in the assessment of the Applicant's education qualifications. The Visa Officer's decision is dated March 29th, 2001 and the admission made appears in the Visa Officer's affidavit which was sworn November 9th, 2001. I find the nature and the timing of the admission provides a basis for giving d…
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Khan v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-01-28 Neutral citation 2003 FCT 93 File numbers IMM-4370-01 Decision Content Date: 20030128 Docket: IMM-4370-01 Neutral citation: 2003 FCT 93 Toronto, Ontario, Tuesday, the 28th day of January, 2003 Present: The Honourable Mr. Justice Campbell BETWEEN: ZULQARNAIN KHAN Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the Applicant applied for permanence residence in Canada as a "Sociologist". However, the Visa Officer who considered the application did not formally assess the Applicant as requested but, instead, so assessed him as a "Health Promotion Officer". [2] On the basis of the reasons provided in Radjenovic v. The Minister of Citizenship and Immigration (Neutral citation; 2002 FCT 995-5308), I find that the failure of the Visa Officer to formally assess the Applicant in the occupational category he requested constitutes a reviewable error. [3] In addition, in the course of the evaluation which the Visa Officer did make, it is admitted that an error, which I find to be a reviewable error, was made in the assessment of the Applicant's education qualifications. The Visa Officer's decision is dated March 29th, 2001 and the admission made appears in the Visa Officer's affidavit which was sworn November 9th, 2001. I find the nature and the timing of the admission provides a basis for giving directions on a redetermination and also a special reason for awarding costs as outlined below. ORDER Accordingly, the Visa Officer's decision is set aside and the matter is referred back to a different visa officer for redetermination on directions that, on the redetermination, the Applicant be considered and interviewed on the same documentary record as exists in the present case, but as well on any new written submissions the Applicant wishes to provide. I further direct that the redetermination be completed by March 31st, 2003. With respect to costs, in my opinion the Applicant's application for permanent residence should have been reconsidered immediately upon the error being admitted without the necessity of a judicial review hearing. As a result, I award costs in favour of the Applicant against the Respondent in the sum of $1,000.00. "Douglas R. Campbell" J.F.C.C. FEDERAL COURT OF CANADA TRIAL DIVISION Names of Counsel and Solicitors of Record DOCKET: IMM-4370-01 STYLE OF CAUSE: ZULQARNAIN KHAN Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: TUESDAY, JANUARY 28, 2003 REASONS FOR ORDER AND ORDER BY: CAMPBELL J. DATED: TUESDAY, JANUARY, 28, 2003 APPEARANCES BY: Mr. Junaid Kayani Mr. Fernand Majid For the Applicant Mr. Robert Bafaro Mr. Kevin Lunney For the Respondent SOLICITORS OF RECORD: Junaid Kayani Barrister and Solicitor 300-53 Village Center Place Mississauga, Ontario L4Z 1V9 For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA Date: 20030128 Docket: IMM-4370-01 BETWEEN: ZULQARNAIN KHAN Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca