Date: 19991008
Docket: IMM-4146-98
BETWEEN:
JUN ZHOU
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL J.
[1] The applicant makes three reviewable error arguments respecting a visa officer"s assessment of the applicant"s application for permanent residence, and in particular, conclusions respecting the factors outlined in Schedule 1 of the Immigration Regulations, 1978.
Personal Suitability
[2] First, concerning the visa officer"s grant of only four (4) points on the factor of "Personal Suitability", the applicant argues that a breach of due process has occurred by the visa officer not providing the applicant with an adequate opportunity to answer the question of how she will overcome the reality of gender discrimination in obtaining a job as an engineer in Canada.
[3] This issue was fuelled as a result of the applicant swearing that "she [the visa officer] told me that I am a female and I look weak, and that nobody in Canada would hire me as an engineer" and, therefore, the visa officer found that the applicant lacked suitability. The quoted assertion was explicitly denied by the visa officer in sworn testimony given in response to the applicant"s case. However, the visa officer does admit that the general topic of gender discrimination was part of the interview, but it arose in the context of asking the applicant how she would deal with obstacles to obtaining employment in Canada.
[4] I am satisfied that, upon scrutiny of the evidence, that it is likely that the applicant misinterpreted what the visa officer said. Therefore, I find there is insufficient evidence to prove the statement attributed to the visa officer by the applicant.
[5] Respecting what the visa officer agrees was said, while the applicant does not argue that it is an irrelevant consideration to question an applicant respecting gender discrimination as an obstacle to obtaining employment, I find that there is an evidentiary problem with advancing an argument that due process was breached.
[6] The visa officer testified that her question respecting obstacles was not specific to gender discrimination, and in any event, was a minor element in the interview conducted, the major concern being the applicant"s inability to prove that she had taken necessary steps to obtain employment in Canada.
[7] I find that the evidentiary basis is simply not present to conclude that a reviewable error has occurred on this issue.
[8] The second argument made by the applicant on the question of suitability arises from the fact that the visa officer took into consideration the fact that the applicant had only ever worked for a state run operation, and, therefore, had never had to seek employment in an open market. Specifically, the applicant argues that it was a breach of due process for the visa officer not to give the applicant an opportunity to respond to this concern.
[9] I find that it was reasonable for the visa officer to consider the fact mentioned, and that on the face of the record before me, ample opportunity was given to the applicant to put her best qualifications forward. Therefore, I find no reviewable error on this issue.
Experience
[10] The applicant argues that the assessment of the factor of the applicant"s work experience was unfair in that the visa officer asked the applicant what she did on a typical day at work in order to reach a conclusion on this factor.
[11] I am satisfied on the evidence that the question was fairly put, and diligent effort was made by the visa officer to be sure that the applicant understood the meaning of the question. I find no reviewable error in the manner in which the applicant"s evidence was solicited on this factor.
ORDER
[12] Accordingly, this application is dismissed.
"Douglas R. Campbell"
Judge
Toronto, Ontario
October 8, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-4146-98 |
| STYLE OF CAUSE: JUN ZHOU |
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: Ms. Carla Sturdy
For the Applicant
Ms. Marianne Zoric
For the Respondent
SOLICITORS OF RECORD: Lewis & Associates
| Barristers & Solicitors |
| 290 Gerrard Street East |
| Toronto, Ontario |
| M5A 2G4 |
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19991008
Docket: IMM-4146-98
Between:
| JUN ZHOU |
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER