Date: 19991008
Docket: IMM-117-99
BETWEEN:
VASANTHA MALLIKA DEVI BALASRISHNAN and
BALKRISHNAN NADARAJAH
Applicants
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL J.
[1] This is an application to judicially review a decision of a visa officer wherein the applicant"s son was found not a dependant within the meaning of the Immigration Regulations, 1978 (the "Regulations") due to the fact that he was no longer a full-time student.
[2] Apparent from the CAIPS notes respecting the decision, the visa officer concluded that computer training at technical schools does "not amount to higher education" referred to in the definition of "dependant son" in s. 2(1)(b) of the Regulations.
[3] I find this conclusion to be an error in law since, following the reasoning of Tremblay-Lamer J. in Patel v. Canada (Minister of Citizenship and Immigration, [1998] F.C.J. No. 1423, the interpretation of the phrase "attendance as a full-time student in an academic, professional or vocational program at a university, college or other educational institution" as provided in the Regulations does not require a "qualitative" finding respecting the education received.
ORDER
[4] Accordingly, I set the visa officer"s decision aside and refer this matter to another visa officer for redetermination.
"Douglas R. Campbell"
Judge
Toronto, Ontario
October 8, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-117-99 |
| STYLE OF CAUSE: VASANTHA MALLIKA DEVI BALASRISHNAN and BALKRISHNAN NADARAJAH |
Applicants
| - and - |
| THE MINISTER OF CITIZENSHIP |
| AND IMMIGRATION |
Respondent
| DATE OF HEARING: THURSDAY, OCTOBER 7, 1999 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: CAMPBELL, J. |
DATED: FRIDAY, OCTOBER 8, 1999
APPEARANCES: Mr. Lorne Waldman
For the Applicant
Mr. Brian Frimeth
For the Respondent
SOLICITORS OF RECORD: Jackman, Waldman & Associates
| Barristers & Solicitors |
| 281 Eglinton Avenue East |
| Toronto, Ontario |
| M4P 1L3 |
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19991008
Docket: IMM-117-99
Between:
| VASANTHA MALLIKA DEVI BALASRISHNAN and BALKRISHNAN NADARAJAH |
Applicants
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER