Barua v. Canada ( Minister of Citizenship and Immigration )
IMM-3152-97
Evans J.
22/10/98
11 pp.
Application for judicial review of refusal by visa officer in Canadian consulate in Dubai, United Arab Emirates to issue visa to applicant-Applicant citizen of Pakistan working in Abu Dhabi as airlines station agent-Applied to immigrate to Canada in independent category to pursue occupation of station agent in Canada-Senior immigration officer advising applicant requirements for immigration to Canada not met as awarded total of 68 units of assessment, two short of 70 normally needed to issue visa to independent applicants-Maximum of 10 points assigned to item 9, "Personal Suitability" in Immigration Regulations, Sch. I-Applicant awarded 6 units of assessment under item 9 for lack of family support in Canada-Whether visa officer erred in law by taking into account under item 9 absence of family support in Canada, factor legally irrelevant as already taken into consideration under Regulations, s. 10(1)(b) -Case law on issue of "double counting" contradictory-Visa officer may have regard, in category of "personal suitability" to aspect of something already assessed provided this aspect can be related to applicant's motivation, adaptability, resourcefulness, intiatives and other similar qualities enabling applicant to become economically established in Canada-That applicant has no family support in Canada having no "personal suitability" aspect-Factor must apply to all applicants without relatives in Canada-Not factor "personal" to particular applicant-Visa officer erred in law in including under assessment of applicant's personal suitability to become successfully established in Canada fact applicant had "no family support in Canada"-Whether error sufficient to invalidate refusal of visa-Reviewing court should not speculate on whether officer's decision would have been different if irrelevant factor excluded from consideration-Visa officer generous in awarding to applicant total of 6 out of possible 10 units of assessment for personal suitability-Could not have awarded two more units of assessment for personal suitability if officer had omitted applicant's lack of relatives in Canada from several factors considered when assessing personal suitability-Error immaterial to ultimate decision-Application dismissed-Immigration Regulations, 1978, SOR/78-172, s. 10(1)(b), Sch. I.