Is a visa officer's assessment of language ability "substantially below average" in determining that an applicant's language ability falls substantially below average?
Canada (Federal), Canada
The following excerpt is from Tajammul v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 7492 (FC):
8 It is submitted that the purpose of the Immigration Act is to permit immigration, not to prevent it. It is therefore submitted that the visa officer's assessment of the applicant's language ability falls substantially below average and was made contrary to the evidence and in such a manner as not to permit the applicant to obtain the 70 points minimum. It is submitted that the manner in which the decision was made indicates that it was biassed: Hajariwala v. Canada (Minister of Employment and Immigration), (1988), 6 Imm.L.R. (2d) 222 (T.D.). RESPONDENT'S ARGUMENTS
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