Date: 19981103
Docket: IMM-4743-97
BETWEEN:
LEONID KALASHNIKOV
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Toronto, Ontario on
Tuesday, November 3, 1998, as edited)
ROTHSTEIN J.:
[1] The visa officer in this case rejected the applicant's application for permanent residence in the entrepreneurial category. The visa officer formed the opinion that the applicant was not being candid about his business experience. The applicant says the examples cited in the visa officer's decision which the visa officer says caused him to come to that conclusion are explainable. Perhaps they are. However, the visa officer's assessment is not patently unreasonable, or perverse or capricious. I am not persuaded that this is a case in which the Court should interfere with the visa officer's credibility assessment.
[2] The applicant says the visa officer had the duty to inform the applicant of his concerns and that in not doing so, he breached his duty a fairness to the applicant. However, this is not a case of extrinsic evidence that would require such action by the visa officer. This is simply a case in which the visa officer had difficulty accepting that the applicant was being candid about his business experience. He was not under a duty to give the applicant an assessment of his views of the applicant's credibility, in order to give the applicant an opportunity to respond. There is no breach of the duty of fairness in this case.
[3] The judicial review is dismissed.
"Marshall Rothstein"
Judge
TORONTO, ONTARIO
November 3, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-4743-97
| STYLE OF CAUSE: LEONID KALASHNIKOV |
- and -
| THE MINISTER OF CITIZENSHIP AND |
IMMIGRATION
DATE OF HEARING: TUESDAY, NOVEMBER 3, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN, J.
DATED: TUESDAY, NOVEMBER 3, 1998
APPEARANCES: Mr. James Steele
For the Applicant
Mr. David Tyndale
For the Respondent
SOLICITORS OF RECORD: Steele, Calandra & Company
Barristers & Solicitors
410 - 141 Adelaide St. W. Toronto, Ontario
M5H 3L9
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19981103
Docket: IMM-4743-97
Between:
| LEONID KALASHNIKOV |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER