Badr v. Canada (Minister of Citizenship and Immigration)

Badr v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2002-09-26
Neutral citation
2002 FCT 1008
File numbers
IMM-6252-00
Decision Content
Date: 20020926
Docket: IMM-6252-00
Neutral citation: 2002 FCT 1008
Toronto, Ontario, Thursday, the 26th day of September, 2002
PRESENT: The Honourable Madam Justice Layden-Stevenson
BETWEEN:
H. BADR
Applicant
- and -
THE MINISTER
OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] The applicant seeks judicial review of a visa officer's decision dated November 2, 2000 denying his application for permanent residence as an independent applicant in the occupation "internal auditor/accountant" (NOC 1111).
[2] Having carefully considered all of the documentation in the record, as well as the submissions made at the hearing, I cannot find that the visa officer erred in finding that the applicant did not meet the qualifications for immigration to Canada.
[3] The applicant was awarded zero units of assessment in the experience and occupation factors. The visa officer determined that the applicant had not performed some of the main duties of the intended occupation, as set out in the NOC, under the experience factor and had not performed a substantial number of the duties of the intended occupation, as set out in the NOC, under the occupation factor.
[4] The visa officer's decision was based on the applicant's description of his employment duties. When the visa officer expressed concern to the applicant that his duties did not correspond to those found in the NOC, the applicant agreed that his duties did not conform to the NOC.
The CAIPS notes in this respect state as follows:
PI CONFIRMED HIS DUTIES ARE NOT THOSE OF AN AUDITOR AS OUTLINED IN NOC OR THAT HIS PREV ACCOUNTING DUTIES ARE THOSE OF AN ACCOUNTANT
[5] The visa officer deposed in her affidavit that even if a generous reading were adopted, the
applicant's experience would not qualify him for admission. The applicant was provided two opportunities to provide further information and did not. Having determined that the applicant did not qualify for admission as an "internal auditor/accountant", and in spite of the fact that the applicant did not specifically request to be assessed in any alternative occupations, the officer assessed him in the occupation of "audit clerk" (NOC 1431) and "supervisor, finance clerk" (NOC 1212). The applicant did not qualify for immigration to Canada in either one of these occupations.
[6] The decision made by the visa officer was reasonably open to her and my intervention is not warranted. The application for judicial review is dismissed. Counsel suggested no question for certification. No question is certified.
ORDER
7. The application for judicial review is dismissed.
8. No question is certified.
"Carolyn Layden-Stevenson"
J.F.C.C
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-6252-00
STYLE OF CAUSE: H. BADR
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: THURSDAY, SEPTEMBER 26, 2002
REASONS FOR ORDER
AND ORDER BY: LAYDEN-STEVENSON J.
DATED: THURSDAY, SEPTEMBER 26, 2002
APPEARANCES BY: Mr. Howard P. Eisenberg
For the Applicant
Mr. Stephen Jarvis
For the Respondent
SOLICITORS OF RECORD: Howard P. Eisenberg
1010-105 Main St. E.
Hamilton, Ontario
L8N 1G6
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20020926
Docket: IMM-6252-00
BETWEEN:
H. BADR
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER