Federal Court Decisions

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Decision Content

                                                                       

Date: 20010817

Docket: IMM-4133-00

Neutral citation: 2001 FCT 908

BETWEEN:

MS. YUN CHO

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR ORDER

ROTHSTEIN J.A.:

[1]         In this judicial review from a decision of a Visa Officer, the issue is whether the Visa Officer erred in awarding the applicant zero units for her English language ability.

[2]                The applicant says that the Visa Officer assessed her as having no French language ability and some English language ability and that the difference must be reflected in units being awarded for English. However, the Visa Officer still found the applicant's English language ability to be "with difficulty" which results in an award of zero units.

[3]                The applicant says that the Visa Officer instructed her at her first interview to return with an interpreter for a second interview and then at the second interview challenged her as to why she had an interpreter if she was able to speak and understand English. There is some ambiguity about this question. However, regardless of the question, the answer given by the applicant, that she needed the interpreter from time to time, her English speaking ability was very poor and she had to rely on the interpreter very much, confirms the Visa Officer's assessment.

[4]                The applicant says her reading ability in English was not tested, although her reading ability was tested in French. It would appear that her speaking and writing ability in English was so poor that the Visa Officer thought it futile to test her reading ability.


[5]                I agree, with the applicant that under Factor 8 of schedule I of the Immigration Regulations, there was a duty on the Visa Officer to test the applicant's ability to read English. However, even if the applicant had been fluent in reading English, her unit assessment would have been 42 units instead of 40 units, well below the normally required 70 units.

[6]                The applicant says that the Visa Officer's error impacted on her personal suitability assessment such that she would have been awarded more than 2 units for personal suitability. Even accepting that an ability to read English well or fluently might impact a personal suitability assessment, the applicant's score would still, at maximum, only be 50 units, still materially below the required 70 units.

[7]                The applicant attached to her affidavit a certificate of achievement on a test of English for international communication. There is no evidence as to the circumstances under which the test was given or whether the organization administrating the test was officially accredited or otherwise recognized. Even if this subsequent evidence was admissible, I would accord it very little weight. It does not persuade me that the Visa Officer's assessment of the applicant's English language ability was unreasonable.   

[8]                The judicial review will be dismissed.

"Marshall Rothstein"

                                                                                                                                       Judge                         

Toronto, Ontario

August 17, 2001


                                                                                   FEDERAL COURT OF CANADA

                                    Names of Counsel and Solicitors of Record

DOCKET:                                                        IMM-4133-00

STYLE OF CAUSE:                                         MS. YUN CHO

Applicant

- and -

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

                                                                                                                              Respondent

DATE OF HEARING:                          TUESDAY, AUGUST 14, 2001

PLACE OF HEARING:                                    TORONTO, ONTARIO

REASONS FOR ORDER BY:                         ROTHSTEIN J.A.

DATED:                                                            FRIDAY , AUGUST 17, 2001

APPEARANCES:                                           Mr. Mark Coakley, LL.B.

For the Applicant

Mr. Stephen H. Gold

                                                                        For the Respondent

SOLICITORS OF RECORD:                       WILLIAMS and WILLIAMS

Barristers & Solicitors

Ten West Avenue North

King Street & West Avenue

Hamilton, Ontario

L8L 5B8

For the Applicant

Morris Rosenberg

Deputy Attorney General of Canada


For the Respondent


FEDERAL COURT OF CANADA

Date: 20010817

Docket: IMM-4133-00

BETWEEN:

MS. YUN CHO

Applicant

- and -

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

                                                                                                                            Respondent

                                                                       

                                                                      

REASONS FOR ORDER

                                                                     


Date: 20010817

Docket: IMM-4133-00

Toronto, Ontario, Friday the 17th day of August, 2001

PRESENT:      The Honourable Mr. Justice Rothstein

                                                                                                                                               

BETWEEN:

MS. YUN CHO

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

ORDER

The judicial review is dismissed.

"Marshall Rothstein"

                                                                                                                                      Judge                          

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