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Tekotev v. Canada ( Minister of Citizenship and Immigration )

IMM-1275-97

Rothstein J.

27/2/98

4 pp.

Application for judicial review of visa officer's refusal of applicant's application for permanent residence after allowing zero units of assessment for knowledge of English-Issues whether visa officer improperly delegated duty to assess applicant's ability to speak, read and write English; and whether applicant denied opportunity to disabuse visa officer of any misconceptions-Application dismissed-Visa officer instructed personal assistant to perform reading and writing tests on applicant-Visa officer reviewed tests and herself spoke to applicant to determine speaking ability and at same time reviewed results of reading and writing tests with applicant-Case of Valentinov v. Canada (Minister of Citizenship and Immigration), [1998] F.C.J. No. 258 (T.D.) (QL), distinguished-Review of applicant's reading test with applicant sufficient to constitute assessment by visa officer of applicant's ability to read in English-No relevant authority cited with respect to opportunity to disabuse-In any event, by reviewing applicant's reading and writing tests with him and meeting with applicant to assess ability to speak English, visa officer gave applicant ample opportunity to disabuse her of any misconception she may have had as to applicant's English language abilities.

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