PRACTICE |
Pleadings |
Arora v. Canada (Minister of Citizenship and Immigration)
IMM-5901-99
Gibson J.
10/1/01
5 pp.
Judicial review of visa officer's decision applicant not meeting requirements for immigration to Canada--Applicant requesting qualifications be considered in respect of two occupations, but decision letter, CAIPS notes (apart from very brief preliminary reference) dealing with only one occupation--Application dismissed--(1) Conclusion work experience, education short of equivalent educational requirements "usually required" reasonably open to visa officer--(2) Failure to assess applicant in respect of second identified occupation not raised as issue either on face of application for judicial review or in applicant's supporting affidavit--Canada (Human Rights Commission) v. Pathak, [1995] 2 F.C. 455 (C.A.) applied--Court will deal only with grounds of review invoked by applicant in originating notice of motion, supporting affidavit--If applicant able to invoke new grounds of review in memorandum of argument, respondent could be prejudiced through failure to have opportunity to address new ground in her affidavit, or at least consider filing affidavit to address new issue.