Natalia v. Canada (Minister of Citizenship and Immigration)
Court headnote
Natalia v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-02-06 Neutral citation 2002 FCT 145 File numbers IMM-3382-00 Notes Digest Decision Content Date: 20020207 Docket: IMM-3382-00 Neutral citation: 2002 FCT 145 Toronto, Ontario, Thursday, the 7th day of February, 2002 PRESENT: The Honourable Mr. Justice Lemieux BETWEEN: TSEKHMEYSTRUK NATALIA Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER (Delivered from the Bench at Toronto, Ontario on February 6, 2002) LEMIEUX J. [1] This application for judicial review must be allowed. It challenges a decision of a visa officer who denied the applicant's application for permanent residence in Canada. He awarded the applicant 0 for the occupational factor and 0 for the experience factor because she did not have a Master's Degree which is the minimum required in the NOC to work as a psychologist. [2] The applicant has a diploma from Kiev University which she attended for 6 years; her diploma indicates she specialized in Psychology. [3] The visa officer asked the Canadian Embassy in Moscow whether her six year diploma was equivalent to a Canadian Master's Degree. He did not tell the Embassy she had been engaged part-time for three years in post-graduate studies. [4] Assuming counsel for the respondent is correct that the equivalency system under the NOC only compares foreign degrees with Canadian degrees and does not take into account y…
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Natalia v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-02-06 Neutral citation 2002 FCT 145 File numbers IMM-3382-00 Notes Digest Decision Content Date: 20020207 Docket: IMM-3382-00 Neutral citation: 2002 FCT 145 Toronto, Ontario, Thursday, the 7th day of February, 2002 PRESENT: The Honourable Mr. Justice Lemieux BETWEEN: TSEKHMEYSTRUK NATALIA Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER (Delivered from the Bench at Toronto, Ontario on February 6, 2002) LEMIEUX J. [1] This application for judicial review must be allowed. It challenges a decision of a visa officer who denied the applicant's application for permanent residence in Canada. He awarded the applicant 0 for the occupational factor and 0 for the experience factor because she did not have a Master's Degree which is the minimum required in the NOC to work as a psychologist. [2] The applicant has a diploma from Kiev University which she attended for 6 years; her diploma indicates she specialized in Psychology. [3] The visa officer asked the Canadian Embassy in Moscow whether her six year diploma was equivalent to a Canadian Master's Degree. He did not tell the Embassy she had been engaged part-time for three years in post-graduate studies. [4] Assuming counsel for the respondent is correct that the equivalency system under the NOC only compares foreign degrees with Canadian degrees and does not take into account years of study towards a degree, the response from Moscow contains a material error. The Embassy in Moscow answered "No the basic 5 yrs education in an Institute or University is considered as a Bachelor's degree ..." [5] With respect the Embassy in Moscow did not answer the question put to it, namely, whether a six year specialized diploma from Kiev University is equivalent to a Master's Degree. I am also concerned the question was not asked of the Canadian authorities in Kiev. Her diploma was earned after Ukraine had regained its independence. ORDER [6] The visa officer's decision is set aside and the applicant's application remitted for reconsideration by a different visa officer. "François Lemieux" J.F.C.C. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record COURT NO: IMM-3382-00 STYLE OF CAUSE: TSEKHMEYSTRUK NATALIA Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent DATE OF HEARING: WEDNESDAY, FEBRUARY 6, 2002 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR ORDER AND ORDER BY: LEMIEUX J. DELIVERED FROM THE BENCH ON WEDNESDAY, FEBRUARY 6, 2002 DATED: THURSDAY, FEBRUARY 7, 2002 APPEARANCES: Mr. Jack Davis For the Applicant Mr. Tamrat Gebeyehu For the Respondent SOLICITORS OF RECORD: Davis & Grice Barristers & Solicitors 706-1110 Finch Avenue West Toronto, Ontario M3J 2T2 For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA Date: 20020207 Docket: IMM-3382-00 Between: TSEKHMEYSTRUK NATALIA Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca