Date: 19981218
Docket: IMM-2084-98
BETWEEN:
PARK KI YOUNG
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
WETSTON J.
[1] The applicant, a citizen of the Republic of Korea, seeks to quash the decision of a visa officer dated 30 March 1998 in which his application for permanent residence in Canada was refused. The visa officer assessed the applicant as an independent applicant based on the requirements for several occupations. The visa officer determined that the applicant had obtained insufficient units of assessment to qualify for immigration to Canada and that he thus came within the inadmissible class of persons described in paragraph 19(2)(d) of the Immigration Act.
[2] The applicant submits that there are four main grounds upon which the visa officer erred: (a) denial of natural justice or error of jurisdiction with respect to the officer's assessment of the applicant's English language skills and decision not to administer reading and writing English proficiency tests to the applicant; (b) errors in the officer's points assessment, and in particular the award of zero points for experience in the CAIPS notes contrasted with an award of four points for experience in the letter to the applicant dated 30 March 1998; (c) errors in the officer's assessment of the applicant's experience and qualifications as a mechanical engineer; and (d) errors in the officer's assessment of the applicant's personal suitability.
[3] There is clearly a difference between the award of points for experience in the CAIPS notes (0) and in the letter (4) to the applicant informing him of the refusal of his application. I note that the officer interviewed the applicant on 16 March 1998, yet his CAIPS notes were not prepared until 18 March 1998 and his decision was not issued in letter form until 30 March 1998. The visa officer did not render his decision at the end of the interview and thus did not inform the applicant that he lacked the required experience. There is clearly a difference of opinion between the visa officer and the applicant with respect to experience and what was stated to the visa officer at the interview. I am not satisfied that the error as between the decision letter and the CAIPS notes on such a critical issue as experience, particularly given the different versions of what was stated, has been sufficiently explained.
[4] As indicated above, it is clear that the visa officer had not rendered a decision with respect to the applicant's application at the end of the interview. In his deliberations, the visa officer had a duty to consider all of the criteria set out in Column I of Schedule I of the Immigration Regulations particularly when, at the relevant time, no final decision had been reached on experience. In this circumstance, a full language test should have been administered and the visa officer erred in failing to do so.
[5] I am also satisfied that the visa officer erred in characterizing the applicant's employment history as "sporadic'. The applicant's work record shows an eight-year history of near continuous employment interrupted only by the applicant's 6-month visit to Canada prior to the interview.
[6] Accordingly, the application for judicial review shall be allowed. There shall be no question for certification.
"Howard I. Wetston"
Judge
Toronto, Ontario
December 18, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2084-98
| STYLE OF CAUSE: PARK KI YOUNG |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: THURSDAY, DECEMBER 10, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: WETSTON J.
DATED: FRIDAY, DECEMBER 18, 1998
APPEARANCES: Mr. D. Clifford Luyt
For the Applicant
Mr. Stephen Gold
For the Respondent
SOLICITORS OF RECORD: Goodman and Carr
| Barristers & Solicitors |
| 200 King Street West |
| Suite 2300 |
| Toronto, Ontario |
| M5H 3W5 |
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19981218
Docket: IMM-2084-98
Between:
| PARK KI YOUNG |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER