Date: 20010815
Docket: IMM-2810-00
Neutral citation: 2001 FCT 894
BETWEEN:
SANJAY DIAGO D'SOUZA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
[1] Mr. Chaudhary, in spite of your able argument, I am not persuaded that the Visa Officer took into account an irrelevant consideration. The applicant's lack of travelling experience may well be relevant to the question of his adaptability for personal suitability purposes. There is no indication that undue emphasis was placed on this consideration.
[2] Further, I am not satisfied that there is evidence that the Visa Officer's concern as to the applicant not having travelling experience was not brought to his attention. However, even if it was not, I do not think this is a case where there was a duty to do so. The evidence of not having travelled was that of the applicant. The Visa Officer had no obligation to inform the applicant of her assessment of his evidence as the interview progressed.
[3] The judicial review will be dismissed.
"Marshall Rothstein"
Judge
Toronto, Ontario
August 15, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-2810-00
STYLE OF CAUSE: SANJAY DIAGO D'SOUZA
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
DATE OF HEARING: TUESDAY, AUGUST 14, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN J.A.
DATED: WEDNESDAY, AUGUST 15, 2001
APPEARANCES: Mr. M. Max Chaudhary
For the Applicant
Mr. Jeremiah Eastman
For the Respondent
SOLICITORS OF RECORD: CHAUDHARY LAW OFFICE
Barristers & Solicitors
18 Wynford Drive, Suite 707
North York, Ontario
M3C 3S2
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20010815
Docket: IMM-2810-00
BETWEEN:
SANJAY DIAGO D'SOUZA
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
Date: 20010814
Toronto, Ontario, Tuesday the 14th day of August, 2001
PRESENT: The Honourable Mr. Justice Rothstein
BETWEEN:
SANJAY DIAGO D'SOUZA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ORDER
The judicial review is dismissed.
"Marshall Rothstein"
Judge