Date: 20000818
Docket: IMM-1990-99
BETWEEN:
JYOTI SAGAR
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
McDONALD J.A.
[1] This is an application for judicial review of a decision of a visa officer at the Canadian High Commission in New Delhi, India, which decision denied the applicant permanent residence in Canada.
[2] The visa officer essentially made three important determinations which are contested by the applicant. First, the visa officer determined that the applicant speaks English well, but writes with difficulty. Second, the visa officer decided that the applicant"s occupation was a dressmaker, whereas she had applied as a supervisor or designer. Third, the visa officer only gave the applicant four points for personal suitability.
[3] To assess the applicant"s English the visa officer had her read an article from a local newspaper, which she says was too sophisticated for her and she performed poorly. The applicant had submitted a detailed academic report, which she says she wrote in English, but this was not referred to by the visa officer in his language assessment.
[4] The applicant also says that the visa officer did not conduct a fair and thorough assessment of her employment experience. She says she is a supervisor and a dress designer not a dressmaker.
[5] Finally, the applicant contends that the visa officer erred in assessing her personal suitability particularly in noting her shy personality, her failure to send out resumes and her free-lance work for her own customers.
[6] As to the applicant"s language abilities, I am unable to say that the testing was patently unreasonable or even unfair. The article she was asked to read was taken from a reputable English language newspaper, the Times of India. It would seem that although somewhat difficult it is nevertheless an appropriate test of reading skills for someone in India who asserts that they read English fluently.
[7] With regard to personal suitability and occupational experience, I am also unable to find that the visa officer"s inquiries and investigations were inappropriate. The resumes upon which the applicant relies as proof of her suitability were in fact not sent to any employers, but to her parents-in-law who live in Canada.
[8] Finally, on a review of all of the evidence I am unable to conclude that the visa officer made any error that would warrant the Court"s intervention and therefore the application will be dismissed.
"F. J. McDonald"
J.A.
Toronto, Ontario
August 18, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-1990-99 |
| STYLE OF CAUSE: JYOTI SAGAR |
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| DATE OF HEARING: WEDNESDAY, AUGUST 16, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: MCDONALD J.A. |
DATED: FRIDAY, AUGUST 18, 2000
| APPEARANCES BY: Ms. Chantal Desloges |
| For the Applicant |
| Mr. Martin Anderson |
For the Respondent
| SOLICITORS OF RECORD: Green & Spiegel |
Barristers and Solicitors
121 King Street West, Suite 200
P.O. Box 114
Toronto, Ontario
M5H 3T9
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000818
Docket: IMM-1990-99
BETWEEN:
JYOTI SAGAR
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| REASONS FOR ORDER |