Date: 20020524
Docket: IMM-892-01
Neutral citation: 2002 FCT 596
BETWEEN:
SURJIT SINGH SEHMBI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
[1] The applicant seeks judicial review of a decision of the Immigration Officer made on February 12, 2001, wherein the officer determined that the applicant did not qualify to apply for humanitarian and compassionate consideration from within Canada.
[2] The issue is whether the officer erred in failing to consider relevant factors or in misconstruing the evidence before her.
[3] The applicant argues that the officer erred in not considering the applicant's family and community ties in Canada. In particular, the reasons did not mention that the mother passed away in 1996. However, the officer's affidavit and her initials on the cremation certificate make clear that the officer was aware of and did consider the death of the mother. I also note that the mother passed away 5 years prior to the interview. Her affidavit and notes also indicate that she considered the applicant's establishment in Canada, the fact that he financially assisted his father, that the applicant's name was on the mortgage, and that there were three daughters remaining in Canada.
[4] The applicant also argues that the officer erred in stating that there was no evidence before her that the father was sick. However, the onus is on the applicant to provide evidence and no medical evidence was adduced before the officer attesting to the father's illness. It was open to the officer to reject the bald assertions of the applicant, and the officer was not required to interview the applicant's father on the issue when it was a medical opinion that the officer was seeking.
[5] I also find that the officer's finding that the applicant was not working was open to her. The applicant did provide a letter indicating that the applicant had worked previously, but there was no evidence provided that the applicant continued to work. In the circumstances of this case it was open to the officer to ignore the applicant's evidence that the uncle was afraid to provide such a letter of confirmation of continued employment. The uncle provided a letter saying that the applicant had worked for his company at an earlier time and continued to do volunteer work.
[6] The applicant also argued that the officer erred in considering the applicant's criminal record, a conviction for impaired driving and for failing to stop at the scene of an accident, and for failing to comply with a probation order. Further, the applicant argued that the officer erred in finding that the applicant showed no remorse. In my view it was open for the officer to consider the criminal record. The Immigration Manual indicates that an officer is entitled to consider the applicant's civil record as a relevant factor. With respect to the issue of remorse, the applicant pointed to a statement in the tribunal record in which the applicant stated his remorse for his crime. However, this statement was not sworn or dated, and I believe it was open to the officer to give it little weight. Further, the pre-sentence report before the officer indicated that the applicant showed no remorse, and the officer found that the applicant showed no remorse at the interview. I believe it was open on the evidence for the officer to conclude that the applicant was not remorseful.
[7] The applicant submitted a question for certification relating to the sufficiency of reasons. However, since this issue does not arise in these reasons, no question shall be certified.
[8] The application for judicial review is dismissed.
"W. P. McKeown"
J.F.C.C.
Toronto, Ontario
May 24, 2002
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-892-01
STYLE OF CAUSE: SURJIT SINGH SEHMBI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
DATE OF HEARING: WEDNESDAY, MAY 22, 2002
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: MCKEOWN J.
DATED: FRIDAY, MAY 24, 2002
APPEARANCES BY: Mr. Munyonzwe Hamalengwa
For the Applicant
Ms. Carol Chandran
For the Respondent
SOLICITORS OF RECORD: Mr. Munyonzwe Hamalengwa
Barrister & Solicitor
45 Sheppard Avenue East
Suite 900
Toronto, Ontario
M2N 5W9
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20020524
Docket: IMM-892-01
BETWEEN:
SURJIT SINGH SEHMBI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
REASONS FOR ORDER