Date: 19990928 Docket: IMM-5909-98
BETWEEN:
MARIA GERONIMO VILLANUEVA
Applicant
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Let the attached certified transcript of my Reasons for Order delivered orally from the Bench at Calgary, Alberta, on August 17, 1999, be filed to comply with section 51 of the Federal Court Act.
"Max M. Teitelbaum"
J.F.C.C.
Ottawa, Ontario September 28, 1999
ORIGINAL
1 Court No: IMM-5909-98 2
3 IN THE FEDERAL COURT OF CANADA
4 TRIAL DIVISION 5
6 BETWEEN: 7
8 MARIA GERONIMO VILLANUEVA Applicant 10
12
13 THE MINISTER OF CITIZENSHIP & IMMIGRATION 14 Respondent 15
16 -----------------------------------------------------------17
18 EXCERPT OF PROCEEDINGS
19
20 --------------------------------------------------_-------21
22
23 Calgary, Alberta August 17, 1999 24
2 5 FEDERAL COiJR-7 0F CANADA
26
C. AUG 26 1999
27 aour
***AMICUS REPORTING GROUP***
1 Excerpt of Proceedings taken at the Federal Court of Canada,
2 Third Floor, 635 - 8th Avenue S.W., Calgary, Alberta.
3 -----------------------------------------------------------4 August 17, 1999
5 The Honourable Federal Court of Canada Mr. Justice Teitelbaum
6
R. Tumanon, Esq. For the Applicant
7
B. Hardstaff, Esq. For the Respondent
8
Lisa Kooi, CSR(A) Official Court Reporter
9
10
11 THE COURT: I'm going to allow the
12 application for judicial review without asking counsel to
13 give a reply because I don't think it's necessary. I'm
14 going to allow the application because there are too many
15 "holes" in the affidavit of the visa officer.
16 I'm satisfied from reading the C.A.I.P.S.
17 notes and from reading her affidavit that the visa officer
18 did not sufficiently explain a number of important matters.
19 A very important matter with regard to the issue of
20 suitability was the question of whether or not the applicant 21 could support herself.
22 In the visa officer's C.A.I.P.S. notes, she
23 states that the applicant is going to bring zero dollars
24 with her to Canada. The applicant says she's going to bring
25 $4,100 with her to Canada. The visa officer does say in her
26 affidavit that she forgot to assess the issue of the quantum
27 of monies that the applicant will bring to Canada during the
***AMICUS REPORTING GROUP***
1 interview. I think that that indicates that the visa
2 officer did not do a very thorough job in her interview, or
3 at least it indicates that she could have done a more
4 thorough job than she did.
5 The visa officer granted 15 points for
6 education. The evidence before me shows that the applicant
7 had both the education and the training to get 17 points.
8 At least from the evidence that I have, that is so. I don't
9 know what was in the mind of the visa officer when she only
10 granted 15 points. It appears from the evidence, and
11 without a further explanation from the visa officer, I must
12 say I'm satisfied that the experience would appear to
13 warrant six units instead of the four that was granted.
14 This may all change in a more thorough
15 interview before another visa officer, and for this reason,
16 I'm allowing the application for judicial review, returning
17 this matter so that the applicant be interviewed once again
18 before a different visa officer at which time, the applicant
19 could make whatever evidence she is able to make, and the 20 visa officer will then assess the applicant in accordance 21 with the law.
22 Thank you all very, very much.
23 MR. HARDSTAFF: Thank you, sir.
24 THE COURT: Oh, I must ask, are there any
25 questions for certification?
26 MR. HARDSTAFF: I can think of none. I think
27 this is a fact specific case.
***AMICUS REPORTING GROUP***
1 THE COURT: All right. If there are no
2 questions for certification...
3 ------------------------------------------_--__--__--__--__4 PROCEEDINGS CONCLUDED
5 --------_---------------------_----------------------------6 Certificate of Transcript
7
8 I, the undersigned, hereby certify that the foregoing pages
9 1 to 4 are a true and faithful transcript of the proceedings
10 taken down by me in shorthand and transcribed from my
11 shorthand notes to the best of my skill and ability.
12 Dated at the City of Calgary, Province of Alberta, this 25th 13 day of Auqust, A.D. 1999.
14 15 16 17 18 19
i
2 0
21 Lisa ooi, CSR(A)
22 Court Reporter 23
24 CAT - Printed August 25, 1999 25 LK
26 27
***AMICUS REPORTING GROUP***
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-5909-98
STYLE OF CAUSE: MARIA GERONIMO VILLANUEVA v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Calgary, Alberta
DATE OF HEARING: August 17,1999
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE TEITELBAUM DATED: September 28, 1999
APPEARANCES
Mr. Richard T. Tumanon FOR THE APPLICANT
Mr. W. Brad Hardstaff FOR THE RESPONDENT
SOLICITORS ON THE RECORD:
Mr. Richard T. Tumanon FOR THE APPLICANT Calgary, Alberta
Mr. Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada