Date: 19991008
Docket: IMM-4816-98
BETWEEN:
SVETLANA SOLOVIEVA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL J.:
[1] The applicant was denied admission to Canada, I find, substantially, as a result of a low assessment on the "Personal Suitability" factor required to be considered in Schedule 1 of the Immigration Regulations, 1978 .
[2] In order to argue that a reviewable error was made in reaching this critical assessment, the applicant has produced her own written version of what transpired in the meeting with the visa officer. As a result, the applicant argues that within the brief CAIPS notes prepared by the visa officer there are statements inconsistent with the applicant"s version of the interview, and in addition, fundamental internal inconsistencies in the notes which amount to evidence of reviewable error.
[3] After carefully considering the applicant"s argument, I have concluded that to attempt to interpret the CAIPS notes in the manner the applicant has advanced is going too far into the realm of speculation about the meaning to be given to individual words and phrases to support a fair and just conclusion that a reviewable error has occurred. The onus to prove reviewable error is on the applicant, and therefore, I find that this onus has not been met.
ORDER
[4] 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-4816-98 |
STYLE OF CAUSE: SVETLANA SOLOVIEVA
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
| DATE OF HEARING: WEDNESDAY, OCTOBER 6, 1999 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER AND ORDER BY: CAMPBELL, J. |
DATED: FRIDAY, OCTOBER 8, 1999
APPEARANCES: Ms. Arlene Tinkler
For the Applicant
Mr. David Tyndale
For the Respondent
SOLICITORS OF RECORD: Arlene Tinkler
Barrister & Solicitor
Suite 2000
393 University Avenue
Toronto, Ontario
M5G 1E6
| For the Applicant |
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19991008
Docket: IMM-4816-98
Between:
| SVETLANA SOLOVIEVA |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER
AND ORDER