Date: 20020606
Docket: IMM-4262-00
Neutral citation: 2002 FCT 647
BETWEEN:
Applicant
- and -
THE MINISTER
OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
[1] The visa officer erred, in the circumstances of this case, in not testing the applicant's English reading skills: Farshidfar v. Canada (Minister of Citizenship and Immigration), [1998] F.C.J. No. 1046 (QL) (T.D.). However, even if the applicant had been correctly assessed under the language factor, his total units would nonetheless have been below the usual requirement of seventy units.
[2] The applicant properly conceded that there was no reviewable error under the personal suitability factor.
[3] Accordingly, to succeed in this application for judicial review, the applicant must demonstrate that he completed a first level university degree which required at least three years of full-time study for an assessment of fifteen units instead of the thirteen units awarded by the visa officer.
[4] The record discloses no evidence of the applicant having obtained a first level university degree. His certificate from the Institution of Engineers (India) is not a university degree and was obtained over two winter sessions. Prior to earning the certificate, he obtained a diploma in electrical engineering over a three-year period but, again, there is no evidence that this is a first level university degree. Similarly, the informal assessment from the Canadian Council of Technicians and Technologists discloses no additional information which can assist the applicant. No reviewable error under the education factor has been established.
[5] For these reasons, this application for judicial review will be dismissed. Neither party suggested the certification of a serious question.
"Allan Lutfy"
Toronto, Ontario
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-4262-00
STYLE OF CAUSE: JAGDISH KUMAR ARORA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
DATE OF HEARING: THURSDAY, JUNE 6, 2002
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: LUTFY A.C.J.
DATED: THURSDAY, JUNE 6, 2002
APPEARANCES BY: Mr. Max Chaudhary
For the Applicant
Mr. Jamie Todd
For the Respondent
SOLICITORS OF RECORD:Max Chaudhary
Barrister and Solicitor
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: 20020606
Docket: IMM-4262-00
BETWEEN:
JAGDISH KUMAR ARORA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER