Date: 20010816
Docket: IMM-5981-00
Neutral citation: 2001 FCT 904
BETWEEN:
DO THI KIM HUYEN
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
(Delivered Orally from the Bench at Calgary, Alberta
on Thursday, August 16, 2001)
[1] The visa officer refused the applicant's application for a temporary employment visa because she did not believe she was a professional cook and qualified for the job. The applicant was interviewed.
[2] The visa officer gave no weight to a certificate issued by The House of Culture stating she had completed a cooking course. The visa officer came to the conclusion The House of Culture was not an officially recognized vocational training centre.
[3] She obtained that information from the staff at the Canadian Consulate General who investigated the issue after the interview had been held.
[4] It is clear from Muliadi v. Canada (Minister of Employment and Immigration (1986) 2 F.C. 205 that it is a breach of procedural fairness, before disposing of the application, not to have informed the applicant and giving her a fair opportunity of addressing the issue.
[5] Moreover, the visa officer rejected documentary evidence proving she had worked as a cook in a restaurant in Vietnam because it was not on letterhead and was handwritten. I find that a rejection of documentary proof on this basis, without more verification to be unreasonable.
[6] This judicial review application is allowed.
"François Lemieux"
JUDGE
Calgary, Alberta
August 16, 2001
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20010816
Docket: IMM-5981-00
BETWEEN:
DO THI KIM HUYEN
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-5981-00
STYLE OF CAUSE: Do Thi Kim Huyen v. MCI
PLACE OF HEARING: CALGARY, Alberta
DATE OF HEARING: August 16, 2001
REASONS FOR ORDER OF LEMIEUX, J.
DATED: August 16, 2001
APPEARANCES:
Mr. Peter Wong FOR APPLICANT
Ms. Tracy King FOR RESPONDENT
SOLICITORS OF RECORD:
Caron & Partners, LLP
Calgary, Alberta FOR APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada FOR RESPONDENT
Date: 20010816
Docket: IMM-5981-00
CALGARY, Alberta, Thursday, the 16th day of August, 2001.
Present: THE HONOURABLE MR. JUSTICE LEMIEUX
BETWEEN:
DO THI KIM HUYEN
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
ORDER
This judicial review is allowed, the decision of the visa officer is set aside and the applicant's application for a temporary employment visa is to be reconsidered by a different visa officer.
"François Lemieux"
JUDGE