Moataz v. Canada ( Minister of Citizenship and Immigration )
IMM-59-99
Lutfy J.
30/8/99
7 pp.
Application for judicial review of visa officer's refusal to issue applicant immigrant visa on basis units of assessment (73) not reflecting chances of becoming successfully established in Canada ("passing mark" 70 units)-Applicant civil engineer who operated own businesses in Egypt-Senior immigration officer (SIO) reviewed and concurred with visa officer's decision, identifying additional reasons, particularly in relation to applicant's language ability which had not been noted by visa officer-Application allowed-For reasons neither apparent in record, nor explained to applicant, visa officer referred to language issue as first ground of refusal, even though factor not appearing in her written analysis under Regulations, s. 11(3)-Regulations clear: both refusal and good reasons for refusal must be those of visa officer, not SIO-Letter of decision herein improperly invoked reasons raised by SIO and not previously considered by visa officer-"Weak proficiency" in English assessment incompatible with oral ability assessment of "well" and award of one point less (8) than overall maximum of 9 units for language factor-No evidence of written test to assess writing proficiency-When 70 or more units have been assessed and reasons affecting potential use of negative discretion under Regulations, s. 11(3) do not arise directly from Schedule 1 factors, visa officer should inform applicant his ability to become successfully established in Canada still in question-This would provide applicant with opportunity to address difficulties and concerns perceived by visa officer which may not be apparent to potential immigrant-Immigration Regulations, 1978, SOR/78-172, s. 11(3) (as am. by SOR/81-461, s. 1).