Date: 20020909
Docket: IMM-2612-01
Neutral Citation: 2002 FCT 949
BETWEEN:
ANTONIO ANG
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
[1] This is an application for judicial review of a decision of a Visa Officer, dated April 30, 2001, refusing the Applicant's application for permanent residence.
[2] In his application, the Applicant specifically requested an assessment under two job categories, Tool & Cutter Grinder, and Machinist. The Applicant's central challenge to the decision under review is that the Visa Officer erred in failing to assess him under the latter category of Machinist. I am in agreement.
[3] In the present case, the Visa Officer stated that she reviewed the Applicant's experience and education against the National Occupational Classification for a Machinist. The Visa Officer determined that the Applicant did not meet either the employment requirements or that he had carried out the main duties. The Visa Officer ultimately assessed the Applicant as a Tool & Cutter Grinder, and a formal points assessment was made in this category. The assessment was recorded in the Visa Officer's CAIPS notes and included in the refusal letter.
[4] It is well-established authority of this Court that a visa officer is required to conduct a formal assessment of each of the occupations presented by the Applicant for consideration (Issaeva v. Canada (M.C.I.) (1996), 87 Imm. L.R. (2nd) 91). Recently, in Manabat v. Canada (M.C.I.),[2002] F.C.J. No. 985, Gibson J. clarified that a formal assessment "includes a point-count assessment in accordance with subsections 8(1) and 8(2) of the Regulations". The record in the present case indicates that such a formal assessment was not conducted for both occupational categories requested in the Applicant's application for permanent residence. As a result, I find the Visa Officer erred in law.
O R D E R
Accordingly, the Visa Officer's decision is set aside and the matter is referred back to a different visa officer for redetermination.
"Douglas R. Campbell"
Judge
Calgary, Alberta
September 9, 2002
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-2612-01
STYLE OF CAUSE:Antonio Ang v. MCI
PLACE OF HEARING: CALGARY, Alberta
DATE OF HEARING: September 9, 2002
REASONS FOR ORDER AND ORDER : CAMPBELL, J.
DATED: September 9, 2002
APPEARANCES:
Mr. Peter Wong FOR APPLICANT
Mr. W. Brad Hardstaff FOR RESPONDENT
SOLICITORS OF RECORD:
Caron & Partners LLP FOR APPLICANT
Calgary, Alberta
Morris Rosenberg
Deputy Attorney General of Canada FOR RESPONDENT