Federal Court Decisions

Decision Information

Decision Content

                                                                                                                                   Date: 20010427

                                                                                                                         Docket: IMM-3786-00

                                                                                                           Neutral Citation: 2001 FCT 395

Between:

                                                DAVINDER SINGH

                                                                                                               Applicant

                                                          - and -

                                      THE MINISTER OF CITIZENSHIP

                                               AND IMMIGRATION

                                                                                                            Respondent

                                             REASONS FOR ORDER

PINARD, J.:

[1]         The applicant seeks judicial review of the decision of Cyril Joseph, a visa officer at the Canadian Consulate General in Buffalo, New York, dated July 11, 2000, refusing his application for permanent residence in Canada and determining that the applicant comes within the inadmissible class of persons described in paragraph 19(2)(d) of the Immigration Act, R.S.C. 1985, c. I-2.

[2]         The applicant is a citizen of India. He submitted his application for permanent residence under the occupations of Paralegal (NOC #4211.1) and Lawyer (NOC #4112.0).


[3]         On March 22, 2001, the applicant, who has been removed from Canada, wrote this Court to ask that this application be dealt with and disposed of in his absence "on the basis of the materials already placed on record."

[4]         Under the circumstances, I am not prepared to grant the respondent's counsel's request that the application be dismissed on the sole ground that the applicant is not represented at the hearing. It is my understanding that counsel for the applicant agreed in open Court that if that request was to be denied, I could dispose of the substantive matter on the basis of the record. I have, therefore, reviewed the materials on record as requested by the applicant. In spite of the latter's detailed arguments in his Memorandum of Fact and Law, I am not satisfied that the visa officer committed any reviewable error.

[5]         Consequently, the application for judicial review is dismissed.

                                                                    

       JUDGE

OTTAWA, ONTARIO

April 27, 2001

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.