Latest immigration Decision

[Drooza]

Latest Immigration Decision
Grewal v Canada (Minister of Citizenship & Immigration)
Decider: Simon Noel J.

Court: Federal Court

Citation: 2011 FC 167

Judgment: February 11, 2011

Docket: IMM-2517-10

[16] It is clear that assessing the breadth of procedural fairness in a case must be adapted to the context in which it arises (Baker v Canada (Minister of Citizenship and Immigration), 1999 CanLII 699 (S.C.C.), [1999] 2 SCR 817). In this case, where a manual provided clear guidance that more information should be sought, where one finding on language proficiency derailed the whole claim for permanent residence and where there was evidence that another test was to be taken, it seems that procedural fairness should have extended to an interview or a fairness letter. The record is not clear as to why the second IETLS test result was not brought forward, and this test result is not part of the Tribunal Record. It is clear there is a reciprocal obligation on the part of the Applicant and the Officer to ensure all the information is accounted for and brought forth diligently, which in this case may have been lacking on the part of both Parties.

[17] In a case such as this, this Court finds that immigration policy must be meaningfully addressed. This implies that the matter be sent for redetermination, as the Applicant could be found to be well above the passing score of 67 for permanent residence. As such, the application for judicial review is granted. No question for certification arises.

Please and body can explain, what is the main point in this decision i dont understand.

 

[thebeast184]

Drooza

It seems that they didnt considered information about your IELTS (apparently you took it twice?). It also seems that they will reconsider the case since you seem to have enough points. Anyone agreees? I assume you appealed their decission, am I correct? If that is the case, they are reconsidering your application.


Rod

Latest Immigration Decision
Grewal v Canada (Minister of Citizenship & Immigration)
Decider: Simon Noel J.

Court: Federal Court

Citation: 2011 FC 167

Judgment: February 11, 2011

Docket: IMM-2517-10

[16] It is clear that assessing the breadth of procedural fairness in a case must be adapted to the context in which it arises (Baker v Canada (Minister of Citizenship and Immigration), 1999 CanLII 699 (S.C.C.), [1999] 2 SCR 817). In this case, where a manual provided clear guidance that more information should be sought, where one finding on language proficiency derailed the whole claim for permanent residence and where there was evidence that another test was to be taken, it seems that procedural fairness should have extended to an interview or a fairness letter. The record is not clear as to why the second IETLS test result was not brought forward, and this test result is not part of the Tribunal Record. It is clear there is a reciprocal obligation on the part of the Applicant and the Officer to ensure all the information is accounted for and brought forth diligently, which in this case may have been lacking on the part of both Parties.

[17] In a case such as this, this Court finds that immigration policy must be meaningfully addressed. This implies that the matter be sent for redetermination, as the Applicant could be found to be well above the passing score of 67 for permanent residence. As such, the application for judicial review is granted. No question for certification arises.

Please and body can explain, what is the main point in this decision i dont understand.

 

[Drooza]

that is not my case but nearly the same to this

 

[thebeast184]

If you had a similar case feel free to submit a request for them to reconsider your application

Rod

that is not my case but nearly the same to this

 

[Drooza]

my application is in process not refused but he is not happy with my english

 

[Drooza]

visa officer

 

[qorax]

that is not my case but nearly the same to this

1. This is a case where the Federal Judge 'granted' the application of judicial review from Grewal.

2. CIC had refused the file of Grewal on a/c of language points... though he had demonstrated his proficiency either by an earlier IELTS or written submission. Whereas, he retook another IELTS, which might have given a higher score, but that wasn't considered by the VO. Thus, Grewal moved the courts.

3. The judge took precedence of an earlier verdict [that of Baker's in 1999], which was of similar context - and ordered procedural fairness to be applied in Grewal's case too and for its redetermination by CIC... opining that the 2nd IELTS could fetch the aggrieved a much higher score than the 67.

Result: The VO would have a relook@Grewal's file to [1]accept the 2nd IELTS results; and [2]recalculate his points towards a fresh DM.

Qorax

Ps.: If u r having a similar situation &/or renewed proof of your language proficiency -- u can send in an appeal to your VO, referring this case - as a prelude to future judicial review [which might not be in the best interest of you - 'coz of delays & financial burden].

 

[Drooza]

thanks all

i had received email from visa officer back in oct 2010 about ielts,VO said i dont think this level of english can help you in canada in your employment, L 5 R 5 R 4.5 S 6 Overall band 5.0 Six points

In reply i sent thim new ielts result L 5 R 4.5 R 5.5 S 6 Overall band 5.5 Six point.

Now its being six month no news from visa officer does he consider me or not?

I have taken new tast again and score L 5.5 R 4.5 W 4.5 S 6.5 Overall band 5.5 = eight points but i did not send to visa office because there is new law is coming and minister said for NOC on level B will be having more relaxation in IELTS then level O A,

i know new law will be for new applications not for old but my application did not stuck in points, my point is 74 but visa officer question my ielts, i have AEO PSDEC 1, SECDEC 4,

i dont know what to do?

 

[awai ali]

thanks all

i had received email from visa officer back in oct 2010 about ielts,VO said i dont think this level of english can help you in canada in your employment, L 5 R 5 R 4.5 S 6 Overall band 5.0 Six points

In reply i sent thim new ielts result L 5 R 4.5 R 5.5 S 6 Overall band 5.5 Six point.

Now its being six month no news from visa officer does he consider me or not?

I have taken new tast again and score L 5.5 R 4.5 W 4.5 S 6.5 Overall band 5.5 = eight points but i did not send to visa office because there is new law is coming and minister said for NOC on level B will be having more relaxation in IELTS then level O A,

i know new law will be for new applications not for old but my application did not stuck in points, my point is 74 but visa officer question my ielts, i have AEO PSDEC 1, SECDEC 4,

i dont know what to do?


No Darooza with this IELTS score you are not able to get 67 point for your file even you have four year experience and a wife with master qualification..................

 

[Drooza]

as per caips VO have given me this points

Edu. 22
Exp. 21
Age 10
job Offer 10
English 06
Adab. 09

Total points by visa office 78 then how i am not eligible?

 

[awai ali]

Im sorry i could not view your profile with job offer..........i c with very sorry what the IELTS score you are telling that is not for any Drafting Technologists and Technicians..........you must have more than 7 in each catergory........ok the band which you are telling that would be suitable for Book Kepeer and for those who have less interaction with people as Plumber, Electriction, like crane operator.........but what the code you have mentioned that really required high efficiency in English..........you had to write enough in your job but your writing band even i surprised is very less according to job profile..........you must get at least 7 band in writing than you might be compete your profile.........O my God i read out the main duties even in your main duties you have write technical reports but with very much low band in your writing in IELTS i do nt believe that you can write report................with very sorry..........now a days canada is really keen about English.......because many immigrants are in Canada but they do nt know how to speak English........because interview is not there..........so many bull shit go to canada and destroyed the repute of other...........this is the all story in my view...............

 

[Drooza]

thanks but see my speaking score its 6.5 what does its means i can't speak english, i am just waiting for new law to be implemented, as per minister words we have to flexible with level B NOC's so i think they are going to select people who have job offer with low english skills,

Its true that my job need high english but its not the duty all the time, reports writing its just part of duty not complete job to write report all the time its just happened when there is new project and in construction when you get any project it gos up to three to five years.
lts come to this point Drafting Technologist is the person who give technical suport to engineer's to work at site draw drawings give details in factories for cutting wood, marble, steel, etc.

imagine what kind of english he need's his english will have different words every day or the same. his job is typical related to construction. all technical report can be repeated all the time with some changes.
canadian govt. has realised that they need technical work force if they look for ielts score only they will never have required work force in canada in next ten year's. as per minister if applicat found better in other factor except english he will be given PPR.

 

[awai ali]

Yes Darooza upon you post i discuss it with my friend in Canada............your information is true they are giving relaxation in points even to low skilled people because if you view the cap of different people like crane operator applications are very less..........so they could not meet requirement with 67 points for like this crane operator in third word country many crane operator are uneducated so they could never meet their point and there always remain the gap............so they are going to give relax on point as well as in english for these people wish you many many lucks...........and you should wait for 30 June 2011........they have to announce new policy...........i hope you will get a good decision insallah..........

 

[Drooza]

thanks dear

 

[awai ali]

One more thing, the email which you share here mean decision about your English i think i have view it already through private email...........because when it happened like this all immigration consultant spread it to aware of their client i think i see this in box from a consultant........i think three or four month back at that time i was preparing my IELTS then my consultant show me this email.................