Lim v. MEI (1989), 29 F.T.R. 277 (TD)
MLB headnote and full text
Alfred Te Tuan Cheng Lim (applicant) v. The Minister of Employment and Immigration and the Secretary of State for External Affairs (respondents)
(No. T-595-89)
Indexed As: Lim v. Minister of Employment and Immigration
Federal Court of Canada
Trial Division
Jerome, A.C.J.
July 13, 1989.
Summary:
An alien applied for permanent residence in Canada as an independent candidate. After the assessment process was complete, the alien’s application was refused. The alien applied for certiorari to quash the decision and for mandamus to compel the Minister to consider and process his application under the Immigration Act and Regulations.
The Federal Court of Canada, Trial Division, dismissed the application.
Aliens – Topic 1233
Admission – Immigrants – Application for admission – Immigrant visa – Units of assessment – Occupations – An alien applied for permanent residence in Canada as an independent candidate – After the assessment process was complete, the alien’s application was refused – The alien applied for certiorari to quash the decision and for mandamus to compel the Minister to consider and process his application under the Immigration Act and Regulations – The Federal Court of Canada, Trial Division, dismissed the application – The court held that there was no error in interpreting the Act, the visa officer did not fail to carry out the assessment that was required of him and in carrying out an assessment, the officer did not fail in the duty of fairness to the applicant.
Statutes Noticed:
Immigration Act Regulations, sect. 8(1)(a), sect. 8(2), sect. 9(1), sect. 11(1), sect. 11(2), sect. 11(3) [para. 9]; Schedule I, factors 3, 4 [para. 10].
Counsel:
Cecil Rotenberg, for the applicant;
Marelene I. Thomas, for the respondent.
Solicitors of Record:
Rotenberg & Martinello, Don Mills, Ontario, for the applicant;
John C. Tait, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.
This application was heard on May 1, 1989, at Toronto, Ontario, before Jerome, A.C.J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on July 13, 1989.
