IMM-1794-96
B E T W E E N:
BAKHTAWAR SINGH
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
LUTFY, J.:
The visa officer's decision to award fifty-nine units of assessment, one short of the minimum sixty units required to pass the paper-screening test for eligibility for an interview, is under judicial review.
In my view, the applicant has failed to establish any reviewable error by the visa officer.
This application is supported by a number of documents which were not before the visa officer whose decision is under judicial review. It is trite law that this Court cannot consider evidence not available to the decision-maker. For example, see Lemiecha et al. v. Minister of Employment and Immigration (1993), 72 F.T.R. 49 at 51. The applicant, should he decide to re-apply for permanent residence, may wish to use this additional information which was not placed before the first visa officer.
In the circumstances, this application for judicial review is dismissed. Both counsel agreed that this case raises no serious question for certification.
"A. Lutfy"
Judge
Toronto, Ontario
May 6, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-1794-96
STYLE OF CAUSE: BAKHTAWAR SINGH
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
DATE OF HEARING: MAY 6, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: LUTFY, J.
DATED: MAY 6, 1997
APPEARANCES:
Ms. Angie M. Codina
For the Applicant
Mr. John Loncar
For the Respondent
SOLICITORS OF RECORD:
Codina & Pukitis
1708-390 Bay Street
Toronto, Ontario
M5H 2Y2
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Court No.: IMM-1794-96
Between:
BAKHTAWAR SINGH
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER