Date: 19980804
Docket: IMM-3324-97
BETWEEN:
AHMED MOHAMED HASSAN
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
REED, J.: (edited version of reasons given orally):
[1] Even if the visa officer underassessed the points that should have been awarded to the applicant with respect to his age, the applicant would still fail to have the minimum number of points required for continued processing of his application (70 points are required). The applicant was assessed at 66 points. Two extra points for lower age would only raise this to 68.
[2] With respect to the argument that the visa officer underassessed the applicant, insofar as his personal suitability is concerned, I am not persuaded that the visa officer's assessment of the factors relating to this category was based on any erroneous finding of fact, or made without regard to the material on the record, or was made on the basis of an error of law. I am of the view that the substance of the application on this point is a request that I substitute my decision for that of the visa officer, a course of action that is not appropriate for the reviewing judge on judicial review.
[3] For the reasons given the application will be dismissed.
"B. Reed"
Judge
Toronto, Ontario
August 4, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3324-97
| STYLE OF CAUSE: AHMED MOHAMED HASSAN |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: TUESDAY, AUGUST 4, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: REED, J.
DATED: TUESDAY, AUGUST 4, 1998
APPEARANCES:
Mr. David P. Yerzy
For the Applicant
Ms. Marianne Zoric
For the Respondent
SOLICITORS OF RECORD: David P. Yerzy
| Barrister & Solicitor |
| 108-14 Prince Arthur Avenue |
| Toronto, Ontario |
| M5R 1A9 |
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980804
Docket: IMM-3324-97
Between:
| AHMED MOHAMED HASSAN |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER