Date: 20000128
Docket: IMM-471-99
BETWEEN:
MARIYA THYAGARAJ
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
REED J.:
[1] I have not been persuaded that the applicant"s application was received before the National Occupational Classification ("NOC") became applicable to the assessment of applications for visas for permanent residence.
[2] While there are two date stamps on the first page of the application, one indicating that it was received on February 18, 1997, correspondence in the record indicates that the application was returned to counsel for the applicant because of deficiencies in material that had been provided. The application was not resubmitted until January 20, 1998, many months after the NOC became applicable to visa applications in May of 1997.
[3] These facts distinguish this case from that in Goel v. The Minister of Citizenship and Immigration (IMM-129-98, December 4, 1998).
[4] For the reasons given, this application for judicial review will be dismissed.
"B. Reed"
J.F.C.C.
TORONTO, ONTARIO
January 28, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-471-99 |
| STYLE OF CAUSE: MARIYA THYAGARAJ |
- and -
THE MINISTER OF CITIZENSHIP
| AND IMMIGRATION |
| DATE OF HEARING: FRIDAY, JANUARY 28, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: REED J. |
DATED: FRIDAY, JANUARY 28, 2000
| APPEARANCES: Mr. David S. Ehrlich |
| For the Applicant |
| Mr. Marcel Larouche |
| For the Respondent |
| SOLICITORS OF RECORD: Codina & Pukitis |
Barristers & Solicitors
Suite 1606, 401 Bay St.,
Toronto, Ontario
M5H 2Y4
| For the Applicant |
| Morris Rosenberg |
Deputy Attorney General of Canada
| For the Respondent |
FEDERAL COURT OF CANADA
Date: 20000128
Docket: IMM-471-99
Between:
| MARIYA THYAGARAJ |
Applicant
- and -
THE MINISTER OF CITIZENSHIP
| AND IMMIGRATION |
Respondent
REASONS FOR ORDER