Federal Court Decisions

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Decision Content

Date: 19980901


Docket: IMM-3555-97

BETWEEN:

ZIA ULLAH


Applicant


-and-


THE MINISTER OF CITIZENSHIP AND IMMIGRATION


Respondent

     REASONS FOR ORDER

     (Delivered from the Bench at Toronto, Ontario

on Tuesday, September 1, 1998 as edited)

DENAULT, J.:

[1]      This Court has not been convinced that the visa officer has made any reviewable error that would warrant its intervention.

[2]      The applicant had the burden of proving that he has a right to come to Canada and that his admission would not be contrary to the Act or Regulations.

[3]      Having this in mind, I am not satisfied that the visa officer's findings were made in a perverse and capricious manner. The visa officer properly interviewed the applicant and on the basis of the evidence that was before her, it was open to her to conclude that the applicant did not have the educational background and the experience factor that would entitle him to permanent residence in Canada as a diesel mechanic.

[4]      This application is dismissed.

                         "P. Denault"

                             J.A.

Toronto, Ontario

September 1, 1998

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                          IMM-3555-97

STYLE OF CAUSE:                      ZIA ULLAH

                             - and -

                             THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                            

DATE OF HEARING:                  TUESDAY, SEPTEMBER 1, 1998

PLACE OF HEARING:                  TORONTO, ONTARIO

REASONS FOR ORDER BY:              DENAULT, J.

DATED:                          TUESDAY, SEPTEMBER 1, 1998

APPEARANCES:                     

                             Mr. Laron Hopkins acting as agent to
                             Ms. Angie Codina

                                 For the Applicant

                             Ms. Susan Nucci

                                 For the Respondent

SOLICITORS OF RECORD:             

                             Codina and Pukitis

                             Barristers & Solicitors
                             1708-390 Bay St.
                             Toronto, Ontario
                             M5H 2Y2

                                 For the Applicant

                              Morris Rosenberg

                             Deputy Attorney General

                             of Canada

                                 For the Respondent

                            

                             FEDERAL COURT OF CANADA

                                 Date: 19980901

                        

         Docket: IMM-3555-97

                             Between:

                             ZIA ULLAH

     Applicant

                             - and -

                             THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                        

     Respondent

                    

                            

            

                                                                                 REASONS FOR ORDER

                            


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