Omoruyi v. Canada (Minister of Citizenship and Immigration)

Omoruyi v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2003-10-21
Neutral citation
2003 FC 1222
File numbers
IMM-5243-01
Decision Content
Date: 20031021
Docket: IMM-5243-01
Citation: 2003 FC 1222
Ottawa, Ontario, this 21st day of October, 2003
Present: THE HONOURABLE MR. JUSTICE O'REILLY
BETWEEN:
CHIKAODILI SARITA OMORUYI AND
CHRISTOPHER OSARETIN OMORUYI
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT AND JUDGMENT
[1] Chikaodili Omoruyi applied to become a permanent resident of Canada on the strength of her qualifications as a hospital pharmacist. Her application was evaluated by a visa officer at the Canadian High Commission in London, England. The officer awarded her a total of 68 points, just short of the 70 points required for a successful application. The officer awarded her no points for job experience or occupational factors. Ms. Omoruyi argues that the officer's assessment was seriously flawed and asks, by way of this application for judicial review, for a reconsideration of her application by a different officer.
[2] I agree with Ms. Omoruyi that the visa officer erred and that she deserves to have her application reconsidered.
[3] Ms. Omoruyi stated in her application that she had worked as a hospital pharmacist from August 1998 to September 1999. Similarly, her resume set out her employment history and described her experience working at the Military Hospital Ikoyi in Nigeria during that time period. She also supplied a letter of recommendation from her supervisor at the hospital describing her duties and good employment record. Still, the visa officer found that she did not meet the minimum requirement of one-year's experience in her chosen occupation.
[4] The officer appears to have relied on the date on which Ms. Omoruyi received her pharmacist's licence as the starting point of her relevant experience. Starting from that date (June 2000), Ms. Omoruyi had not acquired a full year of experience. However, it appears she had completed more than a year working as a hospital pharmacist before she ever acquired her licence. She was qualified to work as a pharmacist in Nigeria in 1998 based on her bachelor's degree and internship, even though she did not obtain her licence until 2000.
[5] Accordingly, I find the visa officer's assessment was out of keeping with the evidence before her. Therefore, I must allow Ms. Omoruyi's application for judicial review and order a reconsideration of her file by a different officer.
[6] Neither party proposed a question of general importance for certification, and none is stated.
JUDGMENT
IT IS HEREBY ADJUDGED that:
1. The application for judicial review is allowed.
2. Ms. Omoruyi's application shall be reconsidered by a different visa officer.
3. No question of general importance is stated.
"James W. O'Reilly"
Judge
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-5243-01
STYLE OF CAUSE: CHIKAODILI SARITA OMORUYI and
CHRISTOPHER OSARETIN OMORUYI
Applicants
and
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: October 9, 2003
REASONS FOR JUDGMENT
and JUDGMENT BY : The Honourable Mr. Justice O'Reilly
DATED: October 21, 2003
APPEARANCES:
Kingsley I. Jesuorobo
FOR THE APPLICANTS
John Loncar
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Kingsley I. Jesuorobo
Barrister & Solicitor
North York, Ontario
FOR THE APPLICANTS
Morris Rosenberg
Deputy Attorney General of Canada
FOR THE RESPONDENT