Covrig v. Canada ( Minister of Citizenship and Immigration )
IMM-2779-94
Muldoon J.
24/10/95
13 pp.
Application for judicial review of visa officer's decision refusing permanent residence to applicant as independent immigrant-Applicant found by visa officer to be qualified, experienced mechanical engineer, but to have great trouble communicating in English-Awarded 71 units of assessment-70 units of assessment necessary for independent applicant to be eligible for permanent residence in Canada-Applicant projecting distinct lack of energy and dynamism-Visa officer exercising discretion in determining units of assessment awarded to applicant did not reflect chances of becoming successfully established in Canada without becoming public charge-Applicant alleging visa officer committed jurisdictional error by making unreasonable decision-Discretion to be exercised under Immigration Regulations, s. 11(3) must be based on applicant's chances of becoming successfully established in Canada-"Successfully established" not synonymous with ability, willingness to support oneself and one's dependants as contemplated in Immigration Act, s. 19(1)(b)-"Irrelevant considerations" allegedly taken into account by visa officer all relevant to question of successful establishment in Canada-Open to visa officer to weigh more heavily applicant's actual lack of ability in English, and fact he had never conducted job search in competitive environment similar to Canadian context-Whether principle in Shah v. Minister of Employment and Immigration (1994), 170 N.R. 238 (F.C.A.) applicable to decision under Immigration Regulations, s. 11(3)(b)-Mere fact applicant passed points requirement not conferring right on him-Shah decision applicable to decisions under s. 11(3)(b) so as to negate applicant's argument he should have been warned of visa officer's misgivings as to ability to successfully establish himself in Canada-Instant case merely involving weighing of evidence apparent within interview leading to visa officer's opinion-Visa officer applying stringent test in considering applicant's hopelessness in English language made him economic, employment liability in Ontario, intended destination-Application dismissed-Immigration Regulations, 1978, SOR/78-172, s. 11(3)-Immigration Act, R.S.C., 1985, c. I-2, s. 19(1)(b).