Gu v. Canada (Minister of Citizenship and Immigration)

Gu v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2002-09-18
Neutral citation
2002 FCT 1035
File numbers
IMM-4832-00
Decision Content
Date: 20020918
Docket: IMM-4832-00
Neutral Citation: 2002 FCT 1035
Toronto, Ontario, Wednesday, the 18th day of September, 2002
PRESENT: The Honourable Mr. Justice Campbell
BETWEEN:
MILADIN RADJENOVIC
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] This is an application for judicial review of a visa officer's decision, dated September 8, 2000, refusing the Applicant's application for permanent residence to Canada.
[2] The Applicant is a citizen of Yugoslavia who applied for permanent residence under the independent category, claiming "Technical Sales Specialist, Wholesale Trade" as his intended occupation in Canada. However, the Visa Officer who considered the Applicant's application did not formerly assess him in this category, but instead formerly assessed him in the category of "Sales Manager".
[3] As a result, I find the Visa Officer's decision is made in reviewable error for the reasons I have most recently explained in the case of Antonio Ang v. Minister of Citizenship and Immigration, 2002 FCT 949_ as follows:
In the present case, the Visa Officer stated that she reviewed the Applicant's experience and education against the National Occupational Classification for a Machinist. The Visa Officer determined that the Applicant did not meet either the employment requirements or that he had carried out the main duties. The Visa Officer ultimately assessed the Applicant as a Tool & Cutter Grinder, and a formal points assessment was made in this category. The assessment was recorded in the Visa Officer's CAIPS notes and included in the refusal letter.
It is well-established authority of this Court that a visa officer is required to conduct a formal assessment of each of the occupations presented by the Applicant for consideration (Issaeva v. Canada (M.C.I.) (1996), 87 Imm. L.R. (2nd) 91). Recently, in Manabat v. Canada (M.C.I.),[2002] F.C.J. No. 985, Gibson J. clarified that a formal assessment "includes a point-count assessment in accordance with subsections 8(1) and 8(2) of the Regulations". The record in the present case indicates that such a formal assessment was not conducted for both occupational categories requested in the Applicant's application for permanent residence. As a result, I find the Visa Officer erred in law.
O R D E R
Accordingly, the decision of the Visa Officer is set aside and the matter is referred back for reconsideration by a different visa officer.
"Douglas R. Campbell"
J.F.C.C
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-4832-00
STYLE OF CAUSE: MILADIN RADJENOVIC
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: WEDNESDAY, SEPTEMBER 18, 2002
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: WEDNESDAY, SEPTEMBER 18, 2002
APPEARANCES BY: Mr. Cecil Rotenberg
For the Applicant
Ms. Catherine Vasilaros
For the Respondent
SOLICITORS OF RECORD: Mr. Cecil Rotenberg,Q.C.
255 Duncan Mill Road
Suite 808
Don Mills, Ontario
M3B 3H9
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20020919
Docket: IMM-4832-00
BETWEEN:
MILADIN RADJENOVIC
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER