Patel v. MCI
Court headnote
Patel v. MCI Court (s) Database Federal Court Decisions Date 2001-08-16 Neutral citation 2001 FCT 903 File numbers IMM-2785-00 Decision Content Date: 20010816 Docket: IMM-2785-00 Neutral citation: 2001 FCT 903 BETWEEN: KETANKUMAR JAYANTILAL PATEL Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT ROTHSTEIN J.A. [1] This is a judicial review of a decision of a Visa Officer which refused the applicant's application for landing in the independent class. The applicant was assessed in the Applied Chemical Technologists and Technicians Occupation (NOC Code 2211.1). [2] The applicant says that, contrary to the finding of the Visa Officer, the applicant did perform a number of the essential duties of an Applied Chemical Technologist as set out in the NOC. [3] However, the applicant stated in his affidavit that he had said to the Visa Officer, "Sir, I also had expressed my doubt for matching my job duties with those of Applied Chemical Technologist/Technician ...". The Caips notes are consistent with the applicant's evidence. After discussion pi agrees that he does not perform the duties of chemical technologist or technician. I must award zero points for this occupation and as such cannot pass his application for this occupation. The applicant's affidavit and the Caips notes confirm that the applicant's duties have not been in the area of chemical experiments, tests and analysis, and that the applicant has not used techniques such as chromat…
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Patel v. MCI Court (s) Database Federal Court Decisions Date 2001-08-16 Neutral citation 2001 FCT 903 File numbers IMM-2785-00 Decision Content Date: 20010816 Docket: IMM-2785-00 Neutral citation: 2001 FCT 903 BETWEEN: KETANKUMAR JAYANTILAL PATEL Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT ROTHSTEIN J.A. [1] This is a judicial review of a decision of a Visa Officer which refused the applicant's application for landing in the independent class. The applicant was assessed in the Applied Chemical Technologists and Technicians Occupation (NOC Code 2211.1). [2] The applicant says that, contrary to the finding of the Visa Officer, the applicant did perform a number of the essential duties of an Applied Chemical Technologist as set out in the NOC. [3] However, the applicant stated in his affidavit that he had said to the Visa Officer, "Sir, I also had expressed my doubt for matching my job duties with those of Applied Chemical Technologist/Technician ...". The Caips notes are consistent with the applicant's evidence. After discussion pi agrees that he does not perform the duties of chemical technologist or technician. I must award zero points for this occupation and as such cannot pass his application for this occupation. The applicant's affidavit and the Caips notes confirm that the applicant's duties have not been in the area of chemical experiments, tests and analysis, and that the applicant has not used techniques such as chromatography, spectroscopy, and microscopy, or that he has operated and maintained such laboratory equipment and apparatus which are the main duties of chemical technologists or technicians. [4] I accept that a Visa Officer has expertise for assessing applicants in the independent class according to the NOC and that such decisions of Visa Officers are entitled to some deference. In this case, the Visa Officer's decision was not unreasonable. [5] The judicial review will be dismissed. "Marshall Rothstein" Judge Toronto, Ontario August 16, 2001 FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: IMM-2785-00 STYLE OF CAUSE: KETANKUMAR JAYANTILAL PATEL Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent DATE OF HEARING: MONDAY, AUGUST 13, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT BY: ROTHSTEIN J.A. DATED: THURSDAY, AUGUST 16, 2001 APPEARANCES: Mr. M. Max Chaudhary For the Applicant Ms. Amina Riaz For the Respondent SOLICITORS OF RECORD: CHAUDHARY LAW OFFICE Barristers & Solicitors 18 Wynford Drive, Suite 707 North York, Ontario M3C 3S2 For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA Date: 20010816 Docket: IMM-2785-00 BETWEEN: KETANKUMAR JAYANTILAL PATEL Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT Date: 20010816 Docket: IMM-2785-00 Toronto, Ontario, Thursday the 16th day of August, 2001 PRESENT: The Honourable Mr. Justice Rothstein BETWEEN: KETANKUMAR JAYANTILAL PATEL Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent JUDGMENT The judicial review is dismissed. "Marshall Rothstein" Judge
Source: decisions.fct-cf.gc.ca