Digests

Patel v. Canada (Minister of Citizenship and Immigration)

A-223-00

2002 FCA 55, Evans J.A.

7/2/02

5 pp.

Appeal from Trial Division decision ((2000), 7 Imm. L.R. (3d) 318) allowing application for judicial review of visa officer's refusal to issue permanent residence visa to respondent--Respondent, who had qualified in India as medical doctor, applied for visa in independent category as medical laboratory technologist--Applications Judge found visa officer had erred in awarding respondent only 13 units for education factor instead of 15--Units of assessment thereby increased to 68, two short of 70 normally needed for visa-- Judge certified question whether visa officer's decision to refuse application for entry in Canada be quashed where visa officer made error in assessment, but where error would still not provide applicant with sufficient points for successful application--Appeal allowed--Error made by visa officer not material to outcome of visa application, even after correction of educational factor--Applications Judge erred in not considering whether suitable case for declining to quash visa officer's decision--Trial Judge's decision will be reversed and visa officer's refusal restored--As to lack of explanation of basis of assessment of English proficiency, content of duty of fairness owed by visa officer when determining visa application by applicant in independent category located towards lower end of range: Chiau v. Canada (Minister of Citizenship and Immigration), [2001] 2 F.C. 297 (C.A.)--Visa officer's comment in record about respondent's difficulties in oral communication, and English writing sample he had provided, make it sufficiently clear why she awarded him 6 out of possible 9 units of assessment for language--Therefore, Court may, in its discretion, refuse to set aside visa officer's decision if, in its view, error would have made no difference to officer's decision because, even after error corrected, applicant still had insufficient points to be issued visa.