CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Kiyani v. Canada (Minister of Citizenship and Immigration)
IMM-460-01
2003 FCT 132, Tremblay-Lamer J.
7/2/03
10 pp.
Judicial review of visa officer's refusal of application for permanent resident status under assisted relative category with intended occupation of agricultural representative--Visa officer awarding 0 units for experience factor--Discrepancy between CAIPS notes, applicant's affidavit as to hours worked in that field--In absence of affidavit from visa officer attesting to truth of contents, CAIPS notes have no formal status as evidence--In Tajgardoon v. Canada (Minister of Citizenship and Immigration), [2001] 1 F.C. 591 (T.D.), Court stated respondent not in position to rely on CAIPS notes as proof of contents because classic hearsay--In present case, no sworn testimony from respondent to substantiate claim applicant indicated applicant worked part-time while completing master's programme at University in Peshawar-- Officer's assessment of occupational factor relies significantly on assessment applicant did not serve full-time in occupation in question--Applicant's affidavit providing sworn evidence preferred--Officer's conclusion applicant had worked only part-time, and thus had no experience in intended occupation, patently unreasonable on evidence--Decision of visa officer quashed and application referred for reconsideration by different visa officer.