CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Ibrahim v. Canada (Minister of Citizenship and Immigration)
IMM-3856-00
2001 FCT 917, Linden J.A.
17/8/01
3 pp.
Judicial review of immigration officer's denial of visa to applicant since achieved only 68 points when 70 required--Visa officer gave no points for occupational factor because applicant failed to meet NOC classification requiring "two years of in-house training under supervision of registered trade-mark agent"--Applicant worked under supervision of father, others as trade-mark agent in Sudan for 6 years--Accountants, lawyers allowed to practice as trade-mark agents in Sudan and no formal registration system there--Application allowed--Visa officer's interpretation of NOC provision patently unreasonable--Meaning of "registered" must be viewed in context of country where applicant lives--Where no system of registration, must look to substance of situation to see whether people practising that occupation have status equivalent to registration--As accountants who practice as trade-mark agents in Sudan legally entitled to do so, anyone working under their supervision is engaged in work under supervision of someone who has equivalent standing in Sudan as one who was registered in country having registration system.