Date: 20021114
Docket: IMM-6637-00
Neutral Citation: 2002 FCT 2008
Toronto, Ontario, Thursday the 14th day of November, 2002
PRESENT: The Honourable Mr. Justice Campbell
BETWEEN:
CHUANZHU CHEN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
[1] In the present case, the Applicant applied for permanent residence in Canada under the Self Employed category as a "Self Employed owner/ Head Chef".
[2] The Applicant produced documentary and oral evidence of being employed as a cook between 1978 and 1982, and as a chef between 1982 and 1989. With respect to his most recent employment, the Applicant's evidence that he was employed as a Head Chef from 1989 to the date of his application is corroborated by independent evidence from his bank (Tribunal Record, pp. 8, 23, and 133).
[3] The Visa Officer rejected the Applicants application and in so deciding gave him "zero" for "experience". In her Affidavit filed in the present case, the Visa Officer acknowledges the Applicant's evidence respecting employment as a cook and chef (paragraph 11), but at paragraph 28 says as follows :
I did not award any units of assessment to the Applicant for the Experience factor because I was not satisfied that he had presented any credible evidence of employment or experience as a cook or a chef in China and in the U.S.A. His documents and allegations were not credible.
I find that there is no other way to interpret this statement than to say that the Visa Officer believed the Applicant lied to her about his employment record.
[4] The Applicants application for permanent residence is in the form of a Statutory Declaration, and, therefore, I find that the evidence he provided it is to believed unless good grounds are found and stated for not doing so.
[5] Since no grounds are provided by the Visa Officer for her negative finding, I find that a reviewable error occurred in reaching the conclusion.
[6] Counsel for the Respondent argues that, this error if found, does not affect the negative view that the Visa Officer had respecting other parts of the Applicant's application which, on a proper consideration, would still result in a rejection.
[7] I do not accept that such a clinical approach can be fairly adopted.
[8] In my view, an erroneous credibility finding on a central point such as "experience" in the present case so affects the integrity of the decision that it is rendered as manifestly unfair, and, thus, made in reviewable error.
O R D E R
Accordingly, I set the Visa Officer's decision aside and refer the matter back for redetermination by a different visa officer.
"Douglas R. Campbell"
__________________________
J.F.C.C.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Names of Counsel and Solicitors of Record
DOCKET: IMM-6637-00
STYLE OF CAUSE: CHUANZHU CHEN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: THURSDAY, NOVEMBER 14, 2002
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: THURSDAY, NOVEMBER 14, 2002
APPEARANCES BY: Mr. Timothy E. Leahy
For the Applicant
Ms. Ann Margaret Oberst
For the Respondent
SOLICITORS OF RECORD: Mr. Timothy E. Leahy
Barrister & Solicitor
5075 Yonge Street
Suite 408
Toronto, Ontario
M2N 6C6
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date:20021114
Docket: IMM-6637-00
BETWEEN:
CHUANZHU CHEN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER