Date: 20020614
Docket: IMM-2795-01
Neutral citation: 2002 FCT 673
BETWEEN:
MAHMOUD AHMED CHAHROUR,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
[1] The applicant seeks judicial review of a visa officer's decision dated May 9, 2001 denying his application for permanent residence status in Canada as an independent in the occupation "Supervisor, Mechanical Trade" (NOC 7216). The applicant disputes the visa officer's assessment of the language and personal suitability factors in Schedule I to the Immigration Regulations, 1978, SOR/78-172 and alleges a breach of procedural fairness.
[2] The applicant was awarded 06 units for language. He was assessed as "fluent" in reading and speaking and does not take issue with these assessments. The visa officer assessed the applicant's written skills as "with difficulty" which resulted in an award of zero units for that ability. The applicant asserts that the assessment in relation to his written skills was not merely unreasonable, it was patently unreasonable. I agree. The written test displayed considerably more than a basic proficiency. The errors noted by the visa officer were almost exclusively spelling errors. Given the spelling errors, an assessment lower than "fluent" was appropriate but to award no credit was perverse.
[3] The applicant was awarded 03 units of assessment for personal suitability. The visa officer, in his affidavit, provides clear and unambiguous reasons for his assessment. He considered the evidence provided by the applicant. The reasons contained in the affidavit are supported by the CAIPS [Computer Assisted Immigration Processing System] notes.
[4] The assessment of personal suitability is a matter within the discretion of the visa officer. Consideration of a meaningful job search and investigation with respect to the applicant's credentials relative to employment in Canada, when viewed from the perspective of elucidating the applicant's adaptability, resourcefulness and similar qualities, does not constitute double-counting. I conclude that the visa officer's decision with respect to personal suitability was reasonably open to him and therefore, the Court should not intervene.
[5] It is also submitted that the visa officer breached a duty of fairness by failing to provide the applicant with a reasonable opportunity to respond to his concerns regarding personal suitability and with respect to his abilities in written English. The evidence indicates that the officer did express concern regarding the material produced by the applicant and afforded the applicant an opportunity to respond. There is no obligation on the visa officer to provide a running account of the officer's concerns regarding the applicant's evidence.
[6] Although the applicant has successfully demonstrated an error, by the visa officer, in the language assessment, the error is not material to the outcome because an award of 2 units for written skills will result in a total of 68 units of assessment leaving the applicant 2 units short of the minimum requirement of 70 units. An error that is not material to the outcome will not result in relief being granted.
[7] Therefore, the application for judicial review is dismissed.
___________________________________
Judge
Ottawa, Ontario
June 14, 2002
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-2795-01
STYLE OF CAUSE: Mahmoud Ahmed Chahrour
- and -
The Minister of Citizenship and Immigration
PLACE OF HEARING: Halifax, Nova Scotia
DATE OF HEARING: June 13, 2002
REASONS FOR ORDER : The Honourable Madam Justice Layden-Stevenson
DATED: June 14, 2002
APPEARANCES:
Mr. Roderick H. Rogers FOR APPLICANT
Ms. Melissa Cameron FOR RESPONDENT
SOLICITORS OF RECORD:
Stewart, McKelvey, Stirling, Scales FOR APPLICANT
Halifax, Nova Scotia
Morris Rosenberg FOR RESPONDENT
Deputy Attorney General of Canada