Analyzing the Case of Maria Isabel De Azeem vs. Canada on Visa Rejection and Judicial Review - Essay Sample

Introduction

The following paper summarizes a law case between Maria Isabel De Azeem, who is the applicant, and Canada (Minister of Citizenship and Immigration), the respondent. File number - 2015 FC 1043, docket - IMM-6040-14 (De Azeem v. Canada) as detailed below.

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Issue Description

The case is an application for a judicial review brought forward by Ms. Maria Isabel Angel De Azeem, seeking to overrule a decision by a visa administrator of the Canadian Embassy in Mexico on August 4, 2014. The officer rejected her visa application for permanent residency within the Federal Skilled Worker Class. Ms. Azeem brought the case under s. 72(1) of the IRPA, SC 2001, c 27. The Arranged Employment Officer (AEO) refused Ms. Azeem's application because the application misinterpreted her proposed employment and thence, she was inadmissible for misinterpretation under s. 40 of the IRPA.

Background of the Case

Ms. Maria Isabel De Azeem is a Venezuelan citizen who moved from the United States to Canada in 2003 and her by then-husband, Amjad Nadeem Azeem, a Pakistani citizen, and their two daughters. They then claimed refugee protection on arrival. In 2004, Ms. Azeem, her husband, and their confidante, Stella Ospina, registered a company called "Gamma Salt Crystals Ltd.," which imported and later sold salt products from Pakistan to Canada. The majority shareholder was Stella, while Ms. Azeem and her husband each held an ownership interest. Ms. Azeem’s sister, Martha Angel, was not a shareholder but did manage the company.

From 2004 to 2009, Ms. Azeem claimed to work on a full-time basis as an “executive secretary’ at Gamma. However, their claim for refugee protection was later rejected, and the Azeem family was deported, Mr. Azeem, to Pakistan and Ms. Angel De Azeem to Venezuela with her daughters. The following year, in October 2010, Ms. Azeem and her husband divorced. On July 8, 2011, Ms. Azeem submitted a visa application for permanent residency within the Federal Skilled Worker Class with her daughters as dependents. The application detailed that she should be awarded 85 points, of which ten were based on an employment offer from Gamma for an executive secretary's position, but the letter submitted had been signed by her sister Martha. Azeem's application was refused based on inadmissibility for misrepresentation under paragraph 40(1)(a) of IRPA.

Analysis of the Case

The applicant raised two major issues; was the decision by the visa officer reasonable, and was there a breach of the principles of procedural fairness? Besides, were the reasons for refusal given limited to the statements in the refusal letter and the GCMS notes? The respondent agreed before the court that the GCMS notes were also used in support of the decision.

Judgment

The court dismissed the judicial review application, and found no certified question for appeal (Federal Court, 2015).

Reasons

The court took the position that GCMS notes may supplement or form the basis for decision making since they provide additional support. Therefore, GCMS notes are accepted as congruent parts of decision-making, like in the case of Wang v. Canada, 2006 FC 1298. Furthermore, the applicant acknowledged that her duties were only on paper. The title "Executive Secretary" was only for convenience and not the company's actual needs, raising concerns if an employer/employee relationship existed.

References

Federal Court. (2015). Federal Court Decisions. De Azeem v. Canada (Citizenship and Immigration) - Federal Court. https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/119609/index.do?r=AAAAAQAWZmVkZXJhbCBza2lsbGVkIHdvcmtlcgE.