Date: 19991005
Docket: IMM-6519-98
BETWEEN:
VASUGI 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-6519-98 |
STYLE OF CAUSE: VASUGI 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-6519-98
Between:
| VASUGI NALLINATHAN |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER