Date: 20020919
Docket: IMM-1511-01
Neutral citation: 2002 FCT 986
Toronto, Ontario, Thursday, the 19th day of September, 2002
PRESENT: The Honourable Mr. Justice Campbell
BETWEEN:
SERGEY LI
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
[1] This is an application for judicial review of the decision of a visa officer, dated February 19, 2001, refusing the Applicant's application for permanent residence in Canada under the independent category.
[2] The Applicant is a citizen of Russia who applied with the intended occupation of Electronics Engineer. As is the case with many applicants applying as engineers, the Applicant contacted the Canadian Council of Professional Engineers ("CCPE") to receive an Initial Assessment of Qualifications. The CCPE determined that the Applicant's academic qualifications were insufficient and rendered a negative assessment. Based on this negative assessment, the Visa Officer concluded that the Applicant did not meet the employment requirements as set out in the National Occupational Classification ("NOC") and therefore could not be awarded units under the Occupational Factor. The relevant portion of the refusal letter reads as follows:
In reviewing the National Occupational Classification (NOC) for your selected occupation, I have noted that under Employment Requirements for Electronic Engineers, a bachelor's degree in electronics engineering or in an appropriate engineering discipline is required. At the same time, in order to work as an electronics engineer in Canada, registration as a Professional Engineer in one's province of residence is often required and that electronics engineers are eligible for registration only if they have graduated from an accredited educational program.
You applied to the Canadian Council of Professional Engineers (CCPE) for an Initial Assessment of Qualifications. I have noted that the CCPE has determined that your qualifications are unacceptable in that your academic qualifications cannot be recognised by the CCPE. You have according to the CCPE completed insufficient engineering and engineering design courses. In view of the CCPE's assessment, I have concluded that you do not have the minimum educational qualifications that one would expect an electronics engineer in Canada to possess and that, therefore, you are not sufficiently prepared to follow the occupation of electronics engineer in Canada. I am, accordingly unable to award you any units for the Occupational factor.
(Applicant's Record, p.6)
[3] While the Visa Officer correctly cited that "registration" is "often required", it is agreed that the Visa Officer set this as a condition precedent in reaching the decision. The evidence in support of this conclusion is abundantly clear on the CAIPS notes and the Visa Officer's affidavit.
[4] Not only does the NOC not impose this requirement, but it is agreed that the guidelines for decision making with respect to assessments by the CCPE specifically state:
While applicants should be encouraged to obtain the CCPE assessment, we can not insist on one as a prerequisite to the application process.
(Respondent's Application Record, p. 26)
[5] Therefore, I find the decision was made in reviewable error which renders the decision patently unreasonable.
ORDER
Accordingly, I refer the matter back for redetermination by another Visa Officer, with the direction that the redetermination be completed by March 31, 2003.
With respect to the Applicant's application for costs, as I find no special reason to make this reward, no costs are awarded.
"Douglas R. Campbell"
J.F.C.C.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-1511-01
STYLE OF CAUSE: SERGEY LI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
DATE OF HEARING: THURSDAY, SEPTEMBER 19, 2002
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: THURSDAY, SEPTEMBER 19, 2002
APPEARANCES: Mr. Mark Rosenblatt
For the Applicant
Ms. Jillian Siskind
For the Respondent
SOLICITORS OF RECORD: Mark Rosenblatt
Barrister and Solicitor
335 Bay Street
Suite 1000
Toronto, Ontario
M5H 2R3
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20020919
Docket:IMM-1511-01
Between:
SERGEY LI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER