Federal Court Decisions

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Date: 20020814

                       Docket: IMM-5959-00

Neutral citation: 2002 FCT 868

BETWEEN:

MUHAMMAD BASHIR

Applicant

- and -

THE MINISTER OF

CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR ORDER

(Delivered from the Bench at Toronto, Ontario,

on Wednesday, August 14, 2002.)

ROTHSTEIN J.A. (ex officio)

                                                                                   


  •         In spite of the able argument of applicant's counsel, I am unable to agree that the visa officer made a reviewable error in this case in concluding that the applicant did not demonstrate his qualifications as a tool and die maker. The visa officer simply did not believe the applicant. He asked him a number of questions. He found the applicant evasive and general. He asked specific questions and found the applicant not forthcoming as to what his duties were. As a result, he concluded that he was not employed as a skilled worker in the occupation of a tool and die maker.

[2]                 Contrary to the applicant's submission, I interpret the CAIPS notes as indicating that the applicant's application, including the documents he submitted, were considered by the visa officer. It appears the visa officer accorded them little weight.

[3]                 There is no duty to give notice to the applicant of the visa officer's concerns with the applicant's credibility or that the visa officer intended to give the documents submitted little weight.

[4]                 The applicant filed an affidavit disputing what the visa officer stated transpired at the interview in his affidavit. The applicant's affidavit was sworn approximately one year after the interview. The applicant did not cross-examine the visa officer on his affidavit. I prefer the evidence in the CAIPS notes which were entered at the time of the interview.

[5]                 It is not necessary to consider the other issues raised by the applicant because the finding that the applicant was not qualified as a tool and die maker is dispositive of the result in this case.


[6]                 The judicial review will be dismissed.

"Marshall Rothstein"            

line

Judge                          

Toronto, Ontario

August 14, 2002


FEDERAL COURT OF CANADA

Names of Counsel and Solicitors of Record

DOCKET:                                              IMM-5959-00

STYLE OF CAUSE:              MUHAMMAD BASHIR

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND

IMMIGRATION

Respondent

PLACE OF HEARING:                         TORONTO, ONTARIO

DATE OF HEARING:                           WEDNESDAY, AUGUST 14, 2002   

REASONS FOR ORDER BY:             ROTHSTEIN J.A.

DATED:                                                    WEDNESDAY, AUGUST 14, 2002

APPEARANCES BY:                             Mr. Douglas Lehrer

For the Applicant

Ms. Amina Riaz

For the Respondent

                                                                                                                                                                       

SOLICITORS OF RECORD:                 VANDERVENNEN LEHRER

Barristers & Solicitors

45 Saint Nicholas Steet

Toronto, Ontario

M4Y 1W6

For the Applicant             

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent


FEDERAL COURT OF CANADA

                                                            Date:20020814

                Docket: IMM-5959-00

BETWEEN:

MUHAMMAD BASHIR

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                  Respondent

                                                   

REASONS FOR ORDER

                                                   

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