Digests

Malovana v. Canada (Minister of Citizenship and Immigration)

IMM-463-02

2003 FC 1159, Heneghan J.

6/10/03

6 pp.

Applicant seeking judicial review of visa officer's decision refusing application for permanent residence in Canada--Visa officer's refusal letter showed applicant awarded 69 units of assessment, one unit short of minimum required--Background for this commentary fact applicant had made claim for Convention refugee status in Canada; that application withdrawn in 1994 and certificate of departure issued to applicant on July 14, 1994--Applicant denied having been refused prior admission to Canada, as permanent resident, in 1995 until "finally admitted that refusal had taken place"-- Applicant now argues visa officer committed error in manner in which assessed personal suitability, specifically by failing to consider fact applicant had previously lived and worked in Canada for period of three years--Applicant also argues visa officer erred by "double counting" English language proficiency in assessing personal suitability--Record suggests visa officer placed too much weight on applicant's delay in acknowledging prior application for permanent residence in Canada--This unwarranted emphasis apparently tainted visa officer's assessment of applicant's personal suitability-- Applicant's personal suitability should be assessed primarily on her ability to become successfully established in Canada-- Applicant entitled to objective assessment of that factor and record casts doubt on its existence--Judicial review allowed.