Date: 19980703
Docket: IMM-2832-97
BETWEEN:
KAMALJIT BESIL
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
MCKEOWN, J.
[1] The Applicant seeks judicial review of a decision of the Visa Officer rendered June 6, 1997, whereby the Applicant's application for permanent residence made pursuant to the Independent category was refused.
[2] The issue is whether the experience of the Applicant was properly assessed under the category Cook, Foreign Foods.
[3] In my view, the Visa Officer gave the Applicant a fair hearing. The applicant was given consideration under three categories, including Cook, Foreign Foods, even though this category was raised just three days prior to the interview.
[4] The decision of the Visa Officer is administrative and discretionary in nature. The Visa Officer told the Applicant that "based on the experience he had described to me that I was not satisfied he was qualified to work in the occupation of Cook, Foreign Foods, as described under CCDO 6121 126. His qualifications as a cook were questionable and his experience was limited". Further, the Visa Officer said: "he was not qualified based on his work experience to work in the occupation of cook-foreign foods".
[5] These are factual matters. On the evidence, it was open to the Visa Officer to reach these conclusions. The fact that I might have reached a different result does not give me the right to reverse the Visa Officer's decision. Since the Visa Officer decided there was zero units of assessment given to the Applicant under the Experience factor of Schedule I of the Regulations, the Applicant's application for permanent residence as a Cook, Foreign Foods, in the Independent Category was refused.
[6] The Applicant also raised the issue of receiving only 13 units of assessment under the Education factor of Schedule I of the Regulations. However, in light of my earlier finding that the Visa Officer made no error with respect to the Experience factor of Schedule I, I do not need to decide this issue.
[7] The application for judicial is dismissed.
William P. McKeown
JUDGE
O T T A W A, Ontario
July 3, 1998.
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-2832-97
STYLE OF CAUSE: Kamaljit BESIL v. M.C.I.
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: June 30, 1998
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE MCKEOWN DATED: July 3, 1998
APPEARANCES
Ms. Shoshana T. Green FOR THE APPLICANT
Ms. A. Leena Jaakkimainen FOR THE RESPONDENT
SOLICITORS ON THE RECORD:
Green & Spiegel FOR THE APPLICANT Toronto, Ontario
Mr. George Thomson FOR THE RESPONDENT Deputy Attorney General of Canada