Fang v. Canada (Minister of Citizenship and Immigration)
Court headnote
Fang v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-09-19 Neutral citation 2003 FC 1086 File numbers IMM-1747-02 Decision Content Date: 20030919 Docket: IMM-1747-02 Citation: 2003 FC 1086 BETWEEN: LI JING FANG Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER LUTFY C.J. [1] The sole issue in this application for judicial review is whether the visa officer erred in awarding the applicant only five units under the personal suitability factor. The applicant's request for permanent residence under the independent category was denied as she received two units less than the usual requirement of seventy. [2] The visa officer was satisfied the applicant had established certain positive factors to substantiate her adaptability, motivation, initiative and resourcefulness. However, on the whole of the record, he concluded she was an average applicant concerning her ability to establish herself in Canada. The applicant correctly, in my opinion, abandoned her written argument that it was wrong to include a comparative element, as suggested by "average applicant", in the assessment: Cao v. Canada (Minister of Citizenship and Immigration), 2003 FCT 515, [2003] F.C.J. No. 669 (Q.L.). [3] Counsel for the applicant submits that because there were positive features under each of the four principal criteria to be considered for personal suitability, the assessment should have been higher than five unit…
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Fang v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-09-19 Neutral citation 2003 FC 1086 File numbers IMM-1747-02 Decision Content Date: 20030919 Docket: IMM-1747-02 Citation: 2003 FC 1086 BETWEEN: LI JING FANG Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER LUTFY C.J. [1] The sole issue in this application for judicial review is whether the visa officer erred in awarding the applicant only five units under the personal suitability factor. The applicant's request for permanent residence under the independent category was denied as she received two units less than the usual requirement of seventy. [2] The visa officer was satisfied the applicant had established certain positive factors to substantiate her adaptability, motivation, initiative and resourcefulness. However, on the whole of the record, he concluded she was an average applicant concerning her ability to establish herself in Canada. The applicant correctly, in my opinion, abandoned her written argument that it was wrong to include a comparative element, as suggested by "average applicant", in the assessment: Cao v. Canada (Minister of Citizenship and Immigration), 2003 FCT 515, [2003] F.C.J. No. 669 (Q.L.). [3] Counsel for the applicant submits that because there were positive features under each of the four principal criteria to be considered for personal suitability, the assessment should have been higher than five units. No authority was advanced to support this argument. [4] It is trite law that, absent any legal issues, a high degree of deference should be afforded the visa officer's assessment of personal suitability. In this case, the assessment was solely factual. On my review of the record, the applicant has failed to establish even an arguable case that would warrant this Court's intervention. [5] Accordingly, this application for judicial review will be dismissed. I agree with counsel that there is no serious question for certification in this proceeding. "Allan Lutfy" C.J. Vancouver, British Columbia September 19, 2003 FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-1747-02 STYLE OF CAUSE: Li Jing Fang v. The Minister of Citizenship and Immigration PLACE OF HEARING: Vancouver, British Columbia DATE OF HEARING: September 18, 2003 REASONS FOR ORDER : Lutfy C.J. DATED: September 19, 2003 APPEARANCES: Dennis Tanack FOR APPLICANT Banafsheh Sokhansanj FOR RESPONDENT SOLICITORS OF RECORD: Dennis Tanack FOR APPLICANT Can-Achieve Consultants Ltd. Morris A. Rosenberg FOR RESPONDENT Deputy Attorney General of Canada Vancouver, British Columbia
Source: decisions.fct-cf.gc.ca