Lin v. Canada (Minister of Citizenship and Immigration)

Lin v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2001-04-03
Neutral citation
2001 FCT 282
File numbers
IMM-1477-00
Decision Content
Date: 20010403
Docket: IMM-1477-00
Neutral citation: 2001 FCT 282
Ottawa, Ontario, Tuesday the 3rd day of April 2001
PRESENT: The Honourable Madam Justice Dawson
BETWEEN:
MIN LIN
Applicant
-and-
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT AND JUDGMENT
DAWSON J.
[1] Despite the cogent and forceful submissions of counsel for the Minister, I have been persuaded that the visa officer committed a reviewable error in determining that Ms. Lin did not meet the requirements for immigration to Canada.
[2] It is an error to award one unit of assessment for occupational demand and zero units of assessment for experience: Dauz v. Canada (Minister of Citizenship and Immigration) (1999), 2 Imm. L.R. (3d) 16 (F.C.T.D.). That error is reviewable if it had a material effect upon the decision, and if there was some evidence before the visa officer of relevant experience: Dauz, supra; Kopyl v. Canada (Minister of Citizenship and Immigration) (2000), 7 Imm. L.R. (3d) 281 (F.C.T.D.); and Bhogal v. Canada (Minister of Citizenship and Immigration), [2000] F.C.J. No. 1581, IMM-5472-99 (September 28, 2000) (F.C.T.D.).
[3] In the present case, the main duties of Ms. Lin's intended occupation of Management Consultant are set out in National Occupational Classification ("NOC") 1122 as follows:
Management consultants perform some or all of the following duties:
· Analyze and provide advice on the managerial methods and organization of a public or private sector establishment
· Conduct research to determine efficiency and effectiveness of managerial policies and programs
· Propose improvements to methods, systems and procedures in areas such as operations, human resources and communications
· Plan the re-organization of the operations of an establishment
· May supervise contracted researchers or clerical staff.
[4] In a letter which accompanied her application for permanent residence, Ms. Lin described the major job duties she performed over a four-year period while employed with the Bureau of Geophysical Prospecting International as follows:
· Seeking out, acquiring, internalizing, grasping and applying information to develop advice on new approaches for management;
· Planning and supporting in shaping domestic and global strategies. Strategy also includes building strong, long-standing relationships with local companies and multinational oil corporations;
· Assisting project and marketing departments to assess markets, reshape policies and define more commercially focussed programs and prepare for changes in the global environment;
· Determining how the organization compares to others in the areas of compensation, benefits, and personnel policies; analyzing executive compensation structure to highlight regulatory issues;
· Participating in planning, administering and controlling budgets for projects, contracts, equipment and supplies.
[5] As well, Ms. Lin was enrolled in the Master of Business Administration Program at the University of Saskatchewan.
[6] In light of the evidence of some relevant experience, and the fact that the effect of the officer's error was to disqualify Ms. Lin from an interview, I have concluded that the visa officer committed a reviewable error so that his decision should be set aside.
[7] It is therefore unnecessary to consider the other arguments advanced on Ms. Lin's behalf.
[8] No question was posed for certification by counsel.
JUDGMENT
[9] IT IS ORDERED AND ADJUDGED THAT:
The decision of the visa officer dated February 15, 2000 is set aside and the matter is remitted to a different visa officer for redetermination.
"Eleanor R. Dawson"
Judge
Ottawa, Ontario
April 3, 2001