Date: 19980219
Docket: IMM-1551-97
BETWEEN:
EJAZ HUSSAIN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
McGILLIS, J.
[1] The applicant has challenged by way of judicial review a decision of a visa officer that he did not meet the requirements for immigration to Canada as a permanent resident.
[2] In her assessment of the applicant, the visa officer awarded him a total of sixty-eight points. As a result, the applicant was ineligible for admission as a permanent
resident by two points.
[3] A review of the evidence in the record indicates that the visa officer awarded the applicant ten points for education, on the basis that he had only completed secondary school. In her affidavit, the visa officer stated as follows:
| He confirmed that he completed only higher secondary school in Pakistan. He provided a diploma from the Board of Intermediate and Secondary Education to confirm this education. As he did not complete a post secondary program of any kind, I awarded him 10 points for education, to reflect the completion of secondary school only. |
[4] In his application for permanent residence, the applicant indicated that he had attended a high school, and had obtained a secondary school certificate. He further indicated that he had attended the Board of Intermediate and Secondary Education, and had completed two years of college in 1976.
[5] I am satisfied, on the basis of the evidence in the record, that the visa officer erred in law by misapprehending the applicant's evidence concerning his education, on the basis that she improperly equated his college studies with a secondary school education. I have therefore concluded that my intervention in this matter is warranted.
[6] The application for judicial review is allowed. The decision dated March 7, 1997 of the visa officer P.A. Fitzgerald 1997 is quashed. The matter is remitted to a different visa officer for redetermination. The case raises no serious question of general importance.
"D. McGillis"
Judge
Toronto, Ontario
February 19, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-1551-97
| STYLE OF CAUSE: EJAZ HUSSAIN |
- and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
DATE OF HEARING: FEBRUARY 19, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: McGILLIS, J.
DATED: FEBRUARY 19, 1998
APPEARANCES:
Mr. Yossi Schwartz
For the Applicant
Ms. Bridget O'Leary
For the Respondent
SOLICITORS OF RECORD:
Roach, Schwartz & Associates
688 St. Clair Avenue West
Toronto, Ontario
M6C 1B1
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
| FEDERAL COURT OF CANADA |
| Date: 19980219 |
| Docket: IMM-1551-97 |
| BETWEEN: |
| EJAZ HUSSAIN |
| Applicant |
| - and - |
| THE MINISTER OF CITIZENSHIP |
| AND IMMIGRATION |
| Respondent |
| REASONS FOR ORDER |