Date: 20000510
Docket: IMM-4269-99
BETWEEN:
BABAR SINGH SEKHON
Applicant
-and-
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
PELLETIER J.
[1] In this case the Visa Officer dismissed the applicant"s visa application on the ground that he lacked experience in his designated occupation. The applicant was never asked what his experience was.
[2] In Fong v. Canada [1990] F.C.J. 641, McNair J. held that "Failure of the officer to direct specific questions to applicant as to his actual work experience in order to make appropriate assessment was error in law." Fong was followed by Rothstein J. (as he then was) in Chen v. Canada [1993] F.C.J. 582.
[3] In my view it is a breach of the duty of fairness for a Visa Office to fail to ask a specific question as to experience when it is not otherwise addressed by the applicant and then to award 0 points for it under Item 3 of Schedule 1, thereby effectively putting an end to the applicant"s application.
[4] This duty arises because of the effect of a 0 score with respect to experience in the assessment scheme contained in Schedule 1. I restrict my finding to that situation.
ORDER
[5] The decision of the Visa Officer dated June 10, 1999, is hereby set aside and the matter is remitted to be heard by another Visa Officer.
"J. D. Denis Pelletier"
J.F.C.C.
Toronto, Ontario
May 10, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-4269-99 |
| STYLE OF CAUSE: BABAR SINGH SEKHON |
- and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
| DATE OF HEARING: TUESDAY, MAY 9, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER
| AND ORDER BY: PELLETIER J. |
DATED: WEDNESDAY, MAY 10, 2000
| APPEARANCES: Helen P. Luzius |
| For the Applicant |
| Lori Hendricks |
| For the Respondent |
| SOLICITORS OF RECORD: Helen P. Luzius |
Barrister & Solicitor
5030-3080 Yonge St.
Toronto, Ontario
M4N 3N1
| For the Applicant |
| Morris Rosenberg |
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000510
Docket: IMM-4269-99
Between:
BABAR SINGH SEKHON
Applicant
- and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER