Date: 19980716
Docket: IMM-286-98
BETWEEN
FARSHAD FARSHIDFAR
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
McDONALD, J.A.
[1] The application for judicial review is allowed. The finding of the Visa Officer that the applicant should be awarded 0 points for his English language ability is patently unreasonable in light of the evidence. The applicant was requested to write out in English a description of what his job functions are as an Auditor. The applicant wrote out the following description:
| I am internal auditor. As an internal auditor, we check the accuracy all documents and activities departments in my organization. |
| There are two parts: |
| - on if is the auditing of the financial operation |
| - on of is the auditing of the rule and regulation |
| I mean, the same rule of an auditor in North America, When I check financial departments as accounting departments, we check and examin and test all of documents as vouchers, financial statements and ledgers and whatever. When we check adminestration department: we check 'the way' they are performed and the accuracy of all activities with rule and regulation. I am an internal auditor and this is my role. Thank you. |
[2] The Visa Officer also did not test the applicant's reading comprehension. It is clear from the above written statement that the applicant had a reasonable ability to write in the English language and the zero assessment, is, in my view, a perverse finding.
[3] The application for judicial review is allowed. The matter is referred back to a different Visa Officer for a re-determination of the applicant's application for permanent residence.
"F.J. McDonald"
J.A.
Toronto, Ontario
July 16, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-286-98
| STYLE OF CAUSE: FARSHAD FARSHIDFAR |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: JULY 16, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: McDONALD, J.A.
DATED: JULY 16, 1998
APPEARANCES:
Ms. Shoshana Green
For the Applicant
Mr. David Tyndale
For the Respondent
SOLICITORS OF RECORD: Green & Spiegel
Barristers & Solicitors
Box 114
Standard Life Centre
200-121 King Street West
Toronto, Ontario
M5H 3T9
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980716
Docket: IMM-300-98
Between:
| FARSHAD FARSHIDFAR |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER