Date: 19981125
Docket: IMM-3039-97
BETWEEN:
RENOLD KWAN WAH YEUNG
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent.
REASONS FOR ORDER
WETSTON J.
[1] The applicant, a citizen of Hong Kong, seeks judicial review of the decision of a visa officer in which his application for permanent residence in Canada was denied. In a decision dated June 4, 1997, the visa officer determined that the applicant did not meet the requirements for immigration to Canada and fell within the inadmissible class of persons described in Paragraph 19(2)(d) of the Immigration Act.
[2] The Court requested further submissions on the scheme and administration of the Immigration Act with respect to the procedure followed by an immigration officer in assessing an applicant and awarding points, and in particular the procedure followed in awarding bonus points to an applicant in the self-employed category.
[3] Counsel for the respondent submitted that the 30-point bonus awarded to the applicant as a self-employed person was irrelevant since the award of 30 points under these circumstances is automatic. I agree with the applicant that there is no evidence on that point. However, while it may appear inconsistent that the 30 bonus points were awarded while the applicant was nonetheless found not to meet the definition of 'self-employed', there is in fact no inconsistency. It is possible for an applicant to be awarded the 30 bonus points and yet still fail in his application due to the visa officer's awarding of 0 points for experience or the visa officer's finding that the applicant does not meet the definition of a "self-employed person" set out in s. 2(1) of the Immigration Regulations. These findings provide sufficient basis for rejection of the applicant's application pursuant to ss. 11(1) and 2(1) of the Immigration Regulations. This is exactly what occurred in the case at bar. The 30-point bonus was not determinative of those matters.
[4] The applicant submits that the visa officer's determination that the applicant had no experience in import-export was an erroneous finding of fact made in a perverse or capricious manner and without regard to the material before her. The applicant submits that the visa officer failed to fulfill her duty to consider alternate occupations in addition to the intended occupation indicated by the applicant. I disagree with the applicant's arguments on this point. In her affidavit, the visa officer indicated that she had assessed the applicant in the occupation of Manufacturer's Agent, which was the closest available equivalent to his intended occupation of Merchandiser, Electronic, under the NOC and CCDO classifications. The officer states in her affidavit that she asked the applicant for details on how he intended to become self-employed in exporting embroidery thread from Canada to countries in Southeast Asia. I find that the visa officer fulfilled her duties in assessing the evidence of the applicant on this matter.
[5] The applicant submits that he was denied procedural fairness in that the visa officer did not provide the applicant with an adequate opportunity to rebut her concerns regarding the applicant's application. The applicant submits that the officer failed to use an appropriate line of questioning at the interview and failed to consider further factual evidence submitted by applicant's counsel. I have reviewed the evidence with respect to this ground and find that there is no merit to this argument.
[6] I find no reviewable error in the decision of the immigration officer. The application is dismissed.
"Howard I. Wetston"
Judge
Toronto, Ontario
November 25, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3039-97
| STYLE OF CAUSE: RENOLD KWAN WAH YEUNG |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: TUESDAY, OCTOBER 13, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: WETSTON J.
DATED: WEDNESDAY, NOVEMBER 25, 1998
APPEARANCES: Ms. Mary Lam
For the Applicant
Ms. Bridget O'Leary
For the Respondent
SOLICITORS OF RECORD: Cecil Rotenberg, Q.C.
| Barrister & Solicitor |
| 808-255 Duncan Mill Rd. |
| Don Mills, Ontario |
| M3B 3H9 |
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19981125
Docket: IMM-3039-97
Between:
| RENOLD KWAN WAH YEUNG |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER