Sekhon v. Canada (Minister of Citizenship and Immigration), (2000) 190 F.T.R. 255 (TD)

• Judge: Pelletier, J.
• Court: Federal Court (Canada)
• Case Date: May 09, 2000
• Jurisdiction: Canada (Federal)
• Citations: (2000), 190 F.T.R. 255 (TD)

Sekhon v. Can. (M.C.I.) (2000), 190 F.T.R. 255 (TD)

MLB headnote and full text

Temp. Cite: [2000] F.T.R. TBEd. JN.018

Babar Singh Sekhon (applicant) v. The Minister of Citizenship and Immigration (respondent)

(IMM-4269-99)

Indexed As: Sekhon v. Canada (Minister of Citizenship and Immigration)

Federal Court of Canada

Trial Division

Pelletier, J.

May 10, 2000.

Summary:

A visa officer dismissed Sekhon's visa application on the ground that he lacked experience in his designated occupation. Sekhon applied for judicial review.

The Federal Court of Canada, Trial Division, allowed the application.

Aliens - Topic 1230

Admission - Immigrants - Application for admission - Immigrant visa - Duty of officer (incl. duty of fairness) - [See Aliens - Topic 1233 ].

Aliens - Topic 1233

Admission - Immigrants - Application for admission - Immigrant visa - Units of assessment - Occupations - A visa officer dismissed Sekhon's visa application on the ground that he lacked experience in his designated occupation - Sekhon applied for judicial review - The officer never asked Sekhon what his experience was - The Federal Court of Canada, Trial Division, allowed the application - It was a breach of the duty of fairness for an officer to fail to ask a specific question as to experience when it was not otherwise addressed by Sekhon and then to award 0 points for it under Item 3 of Schedule 1 - The duty arose because of the effect of a 0 score regarding experience in the assessment scheme (putting an end to Sekhon's application).

Cases Noticed:

Fong v. Minister of Employment and Immigration (1990), 35 F.T.R. 305 (T.D.), refd to. [para. 2].

Chen v. Minister of Employment and Immigration et al. (1993), 65 F.T.R. 73 (T.D.), refd to. [para. 2].

Counsel:

Helen P. Luzius, for the applicant;

Lori Hendricks, for the respondent.

Solicitors of Record:

Helen P. Luzius, Toronto, Ontario, for the applicant;

Morris Rosenberg, Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This application was heard on May 9, 2000, at Toronto, Ontario, by Pelletier, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on May 10, 2000.