[2012] 3 F.C.R. D-8
CITIZENSHIP AND IMMIGRATION
Status in Canada
Permanent Residents
Judicial review of service delivery agent’s decision refusing, at pre-qualification stage, application for permanent residence under Federal Skilled Worker Class on ground application not meeting requirements of Immigration and Refugee Protection Regulations, SOR/2002-227, s. 75(2)—Applicant citizen of Kingdom of Morocco—From April 2003 to May 2005, applicant holding occupation of resident physician; since then, practising as specialist physician in oncology—Agent not satisfied applicant holding occupation of specialist physician corresponding to code 3111 or occupation of general practitioner, family physician corresponding to code 3112 of Canadian National Occupational Classification (NOC)—Decision unreasonable with regard to evidence on record—Burden of proof skilled worker must meet to prove he or she holding occupation covered by NOC not within visa officer’s discretion to decide—Agent erred in requiring that all elements set out in NOC having to appear in applicant’s supporting documents—Visa officer cannot reasonably refuse application for permanent residence in skilled worker class for sole reason supporting employment documentation provided by applicant’s employers not containing detailed descriptions of applicant’s duties—Minister having no power to judge professional competency of foreign workers; Act imposing no such obligation thereon—Instead, in Canada, provincial professional orders responsible for regulation of professions, for public’s protection in respect of professionals—Application allowed.
Taleb v. Canada (Citizen ship and Immigration) (IMM-5394-11, 2012 FC 384, Martineau J., judgment dated April 3, 2012, 17 pp.)