Channa v. Canada ( Minister of Citizenship and Immigration )
IMM-1980-96
Simpson J.
12/2/97
8 pp.
Application for judicial review of visa officer's decision refusing application for permanent residence-Applicant, Paskistani national, employed by automobile dealership in Karachi as sales person, sales manager-Applying for permanent residence in Canada in April 1996 in occupational category of "Salesman-Motor Vehicles"-In pre-interview screening phase, Officer awarding applicant 59 units of assessment, six units for work experience-Officer deciding interview not necessary as applicant would fall short of 70 units required for permanent residence status-Applicant's counsel advancing fresh arguments not in memorandum of argument-Immigration Regulations, 1978, s. 11.1 not making provision for preparation of reasons to explain why officer not conducting interview for candidate failing to achieve specific number of units of assessment-Regulations, ss. 11.1, 11(3) not analogous-Reasons not required when interview denied-Officer's affidavit stating exercise of positive discretion unwarranted-Reasons not required when positive discretion not exercised under Regulations, s. 11(3)(a)-Application for judicial review dismissed-New arguments of counsel for applicant coming as total surprise to respondent's counsel, Court at hearing-Counsel for applicant not entitled to proceed without notice, should have advised respondent's counsel that abandoning memorandum of argument, planning to present new arguments-No special reasons under R. 1618 justifying costs award against applicant-Solicitor's conduct bringing case forward without proper notice-Counsel for applicant to personally pay to respondent within 90 days sum of $100 for costs-Immigration Regulations, 1978, SOR/78-172, ss. 11(3) (as am. by SOR/81-461, s. 1), 11.1 (as enacted by SOR/92-133, s. 3)-Federal Court Rules, C.R.C., c. 663, R. 1618 (as enacted by SOR/92-43, s. 19).