Date: 19991004
Docket: imm-5644-98
Ottawa, Ontario, the 4th day of October 1999
PRESENT: THE HONOURABLE MADAME JUSTICE SHARLOW
BETWEEN:
SANDRA SAMUEL
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ORDER
The application for judicial review is dismissed.
Karen R. Sharlow
Judge
Date: 19991004
Docket: IMM-5644-98
BETWEEN:
SANDRA SAMUEL
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
SHARLOW J.:
[1] The applicant Sandra Samuel submitted an application for permanent residence in Canada, indicating an intended occupation as self-employed financial planner (NOC category 11141). Her application was rejected by a visa officer after an interview in Dubai on August 11, 1998. She seeks to have that decision set aside and her application reconsidered by a different visa officer.
[2] The visa officer's reasons for rejecting Ms. Samuel's application are set out in a letter dated September 29, 1998. No error is alleged with respect to the conclusions stated in that letter.
[3] However, it is argued for Ms. Samuel that the visa officer erred in failing to consider Ms. Samuel's request that she also be assessed in the category of advertising and marketing consultant. That request is set out in a letter dated August 8, 1998. According to the affidavit of Mr. Vitorovich, Ms. Samuel's representative, he sent that letter by fax to the Canadian High Commission offices in both London and Dubai on August 8, 1998, one working day prior to the scheduled interview.
[4] Mr. Vitorovich also says that on August 26,1998, he faxed additional information about Ms. Samuel's application to the Canadian High Commission in London. It appears from Ms. Samuel's affidavit that she was told that the visa officer would be in London at that time.
[5] The second fax consists of a letter from Ms. Samuel indicating that she had received several responses from prospective employers (copies were enclosed). She also indicated that she was considering trying to find work in Canada as an independent agent or financial consultant within the investment industry, or as an insurance broker or agent, or as a freelance photographer or model coordinator within the advertising industry.
[6] I infer from the absence of any evidence contradicting the affidavit of Mr. Vitorovich that the two faxes were received. From the absence of any mention of the faxes in the visa officer's CAIPS notes, I infer that the visa officer did not consider them.
[7] However, it does not follow that this application should be allowed.
[8] I agree with counsel for the Crown that the visa officer had no duty to assess Ms. Samuel as an advertising and marketing consultant. To do so would have been clearly futile, because there is no evidence that she had any relevant experience as an advertising and marketing consultant, as described in the NOC regulations.1
[9] Also, Ms. Samuel's affidavit does not contain even a hint that she considered the category of advertising and marketing consultant appropriate to her application. Her own account of the interview, as set out in her affidavit, indicates that she said nothing about that category, even when asked an open ended question about her plans in Canada. I quote from paragraph 14 of her affidavit:
| He [the visa officer] asked me "what do you intend to do when you get to Canada?" I said I had acquired enough experience in the 'stylist' field and I would try this field and finance as well first, but I would take up 'employment' temporarily until I got a break in either of these fields. I also mentioned that I was aware that I had to undertake some courses before getting into the financial business in Canada. [...] |
[10] The application for judicial review is dismissed. As no costs were sought, none are awarded. No certified question was suggested.
Karen R. Sharlow
Judge
Ottawa, Ontario
October 4, 1999
__________________1Hanif v. Canada (Minister of Citizenship and Immigration), (29 June 1998) IMM-3744-97 (F.C.T.D.), Patel v. Canada (Minister of Citizenship and Immigration), (31 October 1995) IMM-142-95 (F.C.T.D.)