Arjun v. Canada ( Minister of Citizenship and Immigration )
IMM-5482-98
Sharlow J.
4/10/99
7 pp.
Motion by Crown under Federal Court Rules, 1998, r. 397 for reconsideration of order allowing application for judicial review-Crown had conceded visa officer's failure to grant applicant interview, even though received more than 60 points in initial assessment of application, error entitling applicant to have visa officer's decision quashed-Belatedly realizing should have brought Immigration Regulations, 1978, s. 11.1 to Court's attention-S. 11.1 providing applicant would not have been entitled to interview even if achieved more than 60 points because not achieving any points in category of "occupational factor"-Whether Crown's failure to raise legal argument in course of hearing appropriate basis for reconsideration of order under r. 397(1)(b)-Crown mistakenly relying on Jhajj v. Canada (Minister of Employment and Immigration), [1995] 2 F.C. 369 (T.D.) for submission r. 397 overriding doctrine of res judicata-Jhajj dealing with predecessor to r. 399, not applicable herein-Assuming r. 397 properly invoked, all arguments made on merits had to be reconsidered-Crown not rebutting applicant's assertion Crown gave him outdated application kit on which relied in making application-Intended occupation would have been different had applicant been given correct information-Motion dismissed-Federal Court Rules, 1998, SOR/98-106, rr. 397, 399-Immigration Regulations, 1978, SOR/78-172, s. 11.1 (as enacted by SOR/92-133, s. 3).