Case information
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34411
Jigarkumar Patel v. Minister of Citizenship and Immigration
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-03-08 | Close file on Leave | |
| 2012-02-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-02-24 | Judgment on leave sent to the parties | |
| 2012-02-23 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-449-10, 2011 FCA 187, dated June 2, 2011, is dismissed without costs. Dismissed, without costs |
|
| 2011-12-12 | All materials on application for leave submitted to the Judges, CJ Ro Mo | |
| 2011-10-11 | Applicant's reply to respondent's argument, Completed on: 2011-10-11 | Jigarkumar Patel |
| 2011-09-29 | Respondent's response on the application for leave to appeal, Completed on: 2011-09-29 | Minister of Citizenship and Immigration |
| 2011-09-06 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-09-01 | Application for leave to appeal, Completed on: 2011-09-01 | Jigarkumar Patel |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Patel, Jigarkumar | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Citizenship and Immigration | Respondent | Active |
Counsel
Party: Patel, Jigarkumar
Counsel
2800-390 Bay Street
Toronto, Ontario
M5H 2Y2
Telephone: (416) 862-7880 Ext: 2241
FAX: (416) 862-1698
Email: cathryns@grands.com
Party: Minister of Citizenship and Immigration
Counsel
Alex C. Kam
Department of Justice
The Exchange Tower 3400-130 King Street, Box 36
Toronto, Canada
M5X 1K6
Telephone: (416) 973-3151
FAX: (416) 954-8982
Email: asha.gafar@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Immigration — Judicial review — Legislation — Interpretation — Applicant applying for permanent residence in Canada as member of federal skilled worker class — Visa officer awarding no points for adaptability based on applicant’s period of post-secondary study in Canada — Whether an assessment under s. 83(3) of the Regulations precludes the aggregation of programs of study in Canada — Whether an assessment under s. 83(3) precludes individuals who have studied at more than one post-secondary institution — Immigration and Refugee Protection Regulations, SOR/2002-227, s. 83(3).
The applicant applied for permanent residence in Canada as a member of the federal skilled worker class. He claimed 74 selection points, including five points for adaptability based upon his two years of Canadian post-secondary study. A visa officer refused the applicant’s application for permanent residence on the basis that his application merited only 63 selection points – four less than the required 67 points. The visa officer awarded no selection points for adaptability.
The Federal Court allowed the applicant’s application for judicial review and remitted the matter to a different visa officer. The Federal Court of Appeal allowed the respondent Minister’s appeal and dismissed the applicant’s application for judicial review.
Lower court rulings
Federal Court
IMM-6394-09, 2010 FC 1025
Application for judicial review allowed
Federal Court of Appeal
A-449-10, 2011 FCA 187
Appeal allowed, judgment of Federal Court set aside and application for judicial review dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available