Date: 20010123
Docket: IMM-761-00
BETWEEN:
IRSHAD ALI SHAH
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL J.
[1] In the present case the Applicant applied for permanent residence under the occupation of Pilot General Aviation. After an evaluation of the application, including representations made by the Applicant by letter dated February 15th, 1999, in a letter dated February 25th, 1999, the Visa Officer set out certain expectations that he wished the Applicant to meet. In particular the Visa Officer asked that the Applicant provide evidence that he is qualified to obtain a commercial pilot's licence in Canada. In the course of providing this evidence, as an attachment to his letter of July 25th, 1999, the Applicant sent to the Visa Officer a copy of a Transport Canada informational document dated October 21st, 1998, entitled "Canadian Licensing Document Options (Foreign Licence Holders)". The attachment explains that, to be successful in converting a foreign pilot's licence to a Canadian licence, the following must be provided: a licence approved by the International Civil Aviation Organization ("ICAO"), a pilot log book, and medical approval.
[2] It appears that, even though he supplied the Transport Canada circular, the Applicant did not precisely prove that he has the qualifications required, although on the evidence he supplied to the Visa Officer, it is probable that he does.
[3] The problem in the present case is that while the Tribunal Record contains the Applicant's July 25th, 1999 letter with a stamp acknowledging receipt by the Immigration Office in London on August 4th, 1999, there is no evidence in the Visa Officer's CAIPs notes that the document was considered. The CAIPs notes provide some evidence that the document was, in fact, not considered since the expectations stated by the Visa Officer throughout his enquiry into the Applicant's application were very general in nature.
[4] I find that, on the evidence supplied by the CAIPs notes, that there is a substantial doubt that the July 25th, 1999 letter and attachment were considered by the Visa Officer. I find, therefore, that the Visa Officer's decision was made in reviewable error because of what amounts to a fundamental mis-communication.
ORDER
[5] Accordingly, I set aside the Visa Officer's decision and refer this matter back for re-determination by another visa officer on the direction that, on the re-determination, the visa officer consider the precise expectations provided in the document "Canadian Licensing Document Options (Foreign Licence Holders)" dated October 21st, 1998, or its update, and the Applicant be provided with a full opportunity to respond to the expectations created thereby.
"Douglas R. Campbell"
J.F.C.C.
Toronto, Ontario
January 23, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-761-00 |
| STYLE OF CAUSE: IRSHAD ALI SHAH |
Applicant
-and-
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
| DATE OF HEARING: TUESDAY, JANUARY 23, 2001 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER
| AND ORDER BY: CAMPBELL J. |
DATED: TUESDAY, JANUARY 23, 2001
| APPEARANCES BY: Mr. Harvey Savage |
| For the Applicant |
| Ms. Sally Thomas |
| For the Respondent |
| SOLICITORS OF RECORD: Harvey Savage |
Barrister & Solicitor
393 University Ave.
Suite 2000 Toronto, Ontario
M5G 1E6
| For the Applicant |
| Morris Rosenberg |
Deputy Attorney General of Canada
| For the Respondent |
FEDERAL COURT OF CANADA
Date: 20010123
Docket: IMM-761-00
Between:
IRSHAD ALI SHAH
Applicant
-and-
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
| REASONS FOR ORDER |
AND ORDER