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Date: 19991005


Docket: IMM-5729-98


BETWEEN:


PARTHIBAN NALLAINATHAN

Applicant


-and-



THE MINISTER OF CITIZENSHIP

AND IMMIGRATION


Respondent

     REASONS FOR ORDER AND ORDER

CAMPBELL J.:


[1]      This judicial review concerns a decision of a visa officer refusing the applicant"s application for permanent residence. With respect to this decision I find two reviewable errors.

[2]      I find that the opinion letter dated January 20th 1998 from the High Commission in Sri Lanka to the visa officer had impact on the decision rendered. As this letter was not provided to the applicants, and as a consequence no opportunity to respond was given, I find a breach of the duty of fairness.

[3]      In the hearing before the visa officer, the applicant made a critical argument regarding the application of the "Member of the Country of Asylum Class" provisions. It is agreed that the visa officer misinterpreted these provisions by erroneously applying a schedule relating to the "Member of Source Country Class" provisions. I find that this error in law had strong effect on the decision reached.

[4]      Taken in combination, I am satisfied that the two reviewable errors require a re-hearing of the applicant"s application for permanent residence.


ORDER

     Accordingly, I hereby set aside the decision herein and refer the matter to another visa officer for re-determination.

                                 "Douglas R. Campbell"

     JUDGE


TORONTO, ONTARIO

October 5, 1999











FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                          IMM-5729-98

STYLE OF CAUSE:                      PARTHIBAN NALLAINATHAN

                                                     Applicant

                             - and -

                                            

                             THE MINISTER OF CITIZENSHIP AND IMMIGRATION                                     

     Respondent

                            

DATE OF HEARING:                  TUESDAY, OCTOBER 5, 1999
PLACE OF HEARING:                  TORONTO, ONTARIO
REASONS FOR ORDER BY:              CAMPBELL, J.

DATED:                          TUESDAY, OCTOBER 5, 1999

APPEARANCES:                      Mr. Jegan Mohan

                                 For the Applicant

                             Ms. Marianne Zoric

                                 For the Respondent

SOLICITORS OF RECORD:              Mr. Jegan Mohan

                             Mohan & Mohan

                             225-3300 McNicoll Ave.

                             Scarborough, Ontario

                             M1V 5J6


                                 For the Applicant

                              Morris Rosenberg

                             Deputy Attorney General

                             of Canada

                                 For the Respondent


                             FEDERAL COURT OF CANADA


                                 Date: 19991005

                        

         Docket: IMM-5729-98


                             Between:


                             PARTHIBAN NALLINATHAN

     Applicant

                             - and -



                             THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                        

     Respondent




                    

                            

            

                                                                             REASONS FOR ORDER


                                                                     

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