Date: 19991208
Docket: IMM-1234-99
BETWEEN:
RANA TARIQ MAHMOOD BHATTI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT
McGILLIS J.
[1] The applicant has challenged by way of judicial review the decision dated February 17, 1999 of a visa officer, refusing his application for permanent residence in Canada.
[2] In October 1997, the applicant applied for permanent residence, indicating that his intended occupation was "Editor", occupational code 5122.0. In outlining his employment history in Pakistan, the applicant indicated that, from November 1990 until December 1993, he was the editor of the newspaper Daily Mashriq. Furthermore, from December 1993 until his departure for Canada in October 1995, the applicant was the owner and editor of the Mulazamad-E-Gazette Weekly. In support of his application, the applicant adduced documentary evidence to establish that he had a Bachelor of Arts degree, as well as a further diploma in journalism. In relation to his employment history, the applicant submitted documents to establish that he was the owner and editor of the weekly newspaper Mulazamad-E Gazette. In that regard, he produced documentation confirming that he had obtained approval from the government in Pakistan to establish his weekly newspaper. By memorandum dated April 24, 1993, the Inspector General of Police in Lahore wrote to the District Magistrate concerning the publication of the Urdu weekly Mulazamad-E-Gazette. In his memorandum, he advised that he had verified the "antecedents" of the applicant and found them to be "correct". He further noted that the applicant, who enjoyed a "good reputation in the locality", wished to publish an Urdu weekly newspaper on a commercial basis. The newspaper would be printed at the Daily Mashriq premises for distribution within the country and would advertise information about "...Government, Semi Government and Private vacancies". By memorandum dated November 8, 1993, the Press Law Branch of the Government of the Punjab in Lahore advised the District Magistrate as follows:
| This department has no objection if the declaration under section 7 of the west Pakistan Press and Publications Ordinance 1963 to be made and subscribed by Mr. Rana Tariq Mahmood Bhatti, as Chief editor, Publisher and Mr. Kalim Akhtar (Keeper of the Mashriq Press, Lahore) as Printer, in respect of subject cited paper, are authenticated. |
[3] Given the approval of the Press Law Branch, the District Magistrate advised the applicant, by memorandum dated November 13, 1993, that the declaration concerning the Urdu weekly Mulazamad-E-Gazette was authenticated. In order to establish that he had acted on the government approval, the applicant tendered a certified translation of the front page of the weekly newspaper Mulazamad-E-Gazette, dated December 11-17, 1994, indicating that he was the "Chief Editor". He also confirmed his previous employment by producing a letter dated October 3, 1997 from the chief editor of the Daily Mashriq newspaper in Lahore, who indicated that the applicant was the editor for more than three years, and that from 1990 to 1993, he had contributed "news and articles". Finally, the applicant produced a letter dated January 5, 1999, from the chief editor of the Khabrain Weekly in Mississauga, Ontario, offering him a job as "managing editor". That letter stated, in part, as follows:
| Further to our correspondence, we have reviewed all of the information you have provided and have consulted with your employment references with respect to your request for employment. We confirm that we offer you a job as Managing Editor on a full-time basis of our weekly, Urdu language newspaper, effective as soon as you are available to assume this position. |
| The salary is $31, 200 per year for a 44 hour work week with a 3 weeks of holidays per year. There will be initial probationary period of eight weeks. |
| Please notify us of the acceptance of the terms of this offer at your earliest convenience. We emphasize that we are very pleased to offer this position to you, as we require an experienced Urdu speaking editor to ensure the development and success of our newspaper. |
[4] On February 16, 1999, the visa officer interviewed the applicant. In her notes made at the time of the interview, the visa officer stated, in part, as follows:
| ANY ADD"L DOCS TO SUPPORT LTRS OF REFERENCE? NOTHING. EMP REF DATED 10/97 RE WORK HE LEFT "93. WHY WRITTEN 4 YRS AFTER HE QUIT? OBTAINED LTR TO HEP HELP HIM W THIS APP. HAS O OTHER DOCS TO PROVE HIS BACKGROUND. HAS A PAKISTANI NEWSPAPER W A PARTIAL TRANSLATION STATING THAT THE PAPER SHOWS SUBJ"S NAME AS EDITOR. |
| ACTIVITIES: CHIEF EDITOR AND OWNER. COVERAGE OF EMP VACANCIES. PRINTING, PUBLISHING, STAFF INSTRUCTIONS. ALL CONCERNS OF THE PAPER. MORE DETAIL? SPACE. TIME. COVER VACANIES. [SIC] LENGTH, SIZE, ERRORS, SPELLING MISTAKES. COORDINATION W PRODUCTION. UNEXPECTED SITUATIONS. ANYTHING ELSE? NOTHING ELSE. AT OTHER PAPER: NEWS AND ARTICLES. COVERAGE OF NEWS AND ARTICLES AND SELECTED NEWS AND FINALIZED SPACE AND EXACT. ANYTHING FURTHER AT EITHER PLACE? "THAT IS THE MAIN THING WHICH I WAS DOING". |
| COMPARED SUBJ"S DESCRIP TO NOC. HE MADE NO MENTION OF: |
| EVALUATING MANUSCRIPTS AND ARTICLES. NEWS COPY AND WIRE SERVICE DISPATCH |
[5] At the end of the interview, the visa officer advised the applicant that, in her opinion, he did not have at least a year of experience "...carrying out the full range of duties of an editor...", as defined in the National Occupation Classification.
[6] By letter dated February 22, 1999, the visa officer refused the applicant's application for permanent residence. In her letter, the visa officer assessed the applicant as having a total of 72 points, more than the minimum total required. However, she stated that his "lack of experience" was a "barrier" to his application. In that regard, her letter sated, in part, as follows:
| As you requested, I assessed your application considering the intended occupation of editor. According to your description of your work activities, you have not achieved at least one year of full-time experience carrying out the range of duties required for this occupation as defined in the National Occupational Classification. Therefore, you do not qualify for selection for immigration to Canada in this occupation. |
[7] In her affidavit filed in this proceeding, the visa officer addressed the documentary evidence produced by the applicant in support of his application for permanent residence, stating as follows:
| 7. I noted that the employment reference letter had been produced in 1997 for work he had left in 1993. The Applicant explained that the letter had been written to help him with his application for permanent residence. He also presented what appeared to be a page from a Pakistani newspaper with a certified partial translation which included his name and the title of editor. He also had a copy of a document addressed to the District Magistrate concerning publishing a weekly gazette. He had nothing further to support his employment background. |
| 8. The copy of the Authentication of Declaration document includes a job title for the Applicant"s proposed position and no job description. There is also no evidence that he did undertake this work. The translation of the portion of the newspaper states that his title was editor. I could not conclude from these items alone that the Applicant had carried out the range of responsibilities and duties required of an editor as defined in the National Occupational Classification. |
| ... |
| 13. The Applicant had presented an offer for employment in Canada as a managing editor. I considered this in the assessment of his application. It was not relevant to the reason for refusal of the application. |
[8] A review of all of the evidence in the record, including the visa officer's notes, refusal letter and affidavit, confirms that she ignored or failed to appreciate the totality of the evidence concerning the applicant's experience as an editor. In particular, she does not appear to have appreciated that the government of Pakistan granted the applicant approval to publish a weekly newspaper on a commercial basis for distribution within the country. Furthermore, she did not consider the substance of the employment reference concerning his three years of work as an editor at the newspaper Daily Mashriq, and appeared to discount it on the basis that it "...had been written to help him with his application for permanent residence". She also ignored the fact that two of the documents from the government of Pakistan indicate that the applicant's proposed newspaper was to be printed at the premises of the Daily Mashriq, his previous place of employment referred to in his letter of reference. The visa officer was therefore not entitled to ignore the substance of the letter of reference on the basis that it was "...written to help him with his application for permanent residence". Finally, the visa officer found that the applicant's offer of employment as the managing editor of a weekly newspaper in Canada was "not relevant" to the question of his experience. I disagree. The offer of employment related precisely to the occupation in which the visa officer was assessing the applicant and, as such, constituted at least some evidence that he had related experience.
[9] In the circumstances, I have concluded that the visa officer's decision refusing the application for permanent residence was patently unreasonable on the basis that she ignored or failed to appreciate the totality of the evidence submitted by the applicant concerning his experience as an editor.
[10] The application for judicial review is allowed and the matter is remitted to a different visa officer for redetermination. The case raises no serious question of general importance.
"D. McGillis"
Judge
Toronto, Ontario
December 8, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-1234-99 |
| STYLE OF CAUSE: RANA TARIQ MAHMOOD BHATTI |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| DATE OF HEARING: TUESDAY, DECEMBER 7, 1999 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR JUDGMENT BY: McGILLIS J. |
DATED: WEDNESDAY, DECEMBER 8, 1999
| APPEARANCES: Mr. Paul Vandervennen |
| For the Applicant |
| Ms. Cheryl D. Mitchell |
| For the Respondent |
| SOLICITORS OF RECORD: Paul Vandervennen |
Barrister & Solicitor
45 St. Nicholas Street
Toronto, Ontario
M4Y 1W6
| For the Applicant |
Morris Rosenberg
| Deputy Attorney General of Canada |
| For the Respondent |
FEDERAL COURT OF CANADA
Date: 19991207
Docket: IMM-1234-99
BETWEEN:
RANA TARIQ MAHMOOD BHATTI
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR JUDGMENT