CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Bola v. Canada (Minister of Citizenship and Immigration)
IMM-4532-00
2002 FCT 716, Campbell J.
25/6/02
5 pp.
Application for judicial review of visa officer's decision determining applicant not dependent son as defined in Immigration Regulations, 1978, s. 2--Applicant 26 years old, enrolled in three-year bachelor program since 1992-- Completed first year but, from 1994 to 1999, continuously failed second year--Applicant indicated had attended only seven English classes in seven years--Applicant admitted primary reason for enrolment to play for school's soccer team --College readmitted him despite poor academic performance in order to keep him on team--Visa officer entitled to embark on qualitative assessment of student's attendance: Sandhu v. Canada (Minister of Citizenship and Immigration), [2002] 3 F.C. 280 (C.A.)--However, here, visa officer's qualitative assessment focussed exclusively on applicant's knowledge of English--Application allowed--Visa officer not entitled to rely on applicant's knowledge of only one subject, the one subject applicant repeatedly failed--Facts of case indicating applicant in fact in full-time attendance at school--While may not have attended all classes, fulfilled expectations of school through his commitment to college's soccer team--Visa officer's decision made without regard to evidence before her --In given fact situation, might very well be necessary for visa officer to determine worth of student's contribution to education institution attended--This can only be done by asking for information about value institution places on student's efforts--Here, seems, on evidence, academic institution placed great value on applicant's attendance because of his excellence in soccer--Credit should be given to him for recognized skill, perseverance to continue with his attendance for years described--Visa officer erred in focussing solely on part of applicant's academic performance to exclusion of all else--On evidence, applicant honest, hard- working youth who did what academic institution expected of him.