| Citation: |
sha v. canada (Citizenship and Immigration), 2010 FC 434, [2010] 2 F.C.R. D-14 |
IMM-4661-09 |
Citizenship and Immigration
Status in Canada
Permanent Residents
Judicial review of decision by visa officer rejecting inclusion of son as dependent child on applicant’s permanent residence application—Visa officer requesting China Academic Degrees and Graduate Education Development Center (CADGEDC) report demonstrating that most recent school attended by dependent recognized post-secondary institution—Such report not forthcoming—However, copy of licence issued by Ministry of Education in China accrediting school provided to visa officer—Visa officer determining that school not meeting requirements of Immigration and Refugee Protection Regulations, SOR/2002-227—Visa officer’s reliance on lack of CADGEDC report problematic—Neither Regulations nor guidelines stipulating how officer to determine whether post-secondary institution accredited by relevant authority—Visa officer stating that CADGEDC report sought because recognized institution relied upon by Regulations, s. 73—Yet, s. 73 defining terms applying only to skilled worker provisions of Regulations—Visa officer confusing assessment of educational credentials on skilled worker application with definition of dependent child, believing school credentials only established through CADGEDC report—Visa officer failing to discuss whether Ministry of Education relevant government authority within meaning of definition of “dependent child”—Application allowed.
Sha v. Canada (Citizenship and Immigration) (IMM-4661-09, 2010 FC 434, Zinn J., judgment dated April 22, 2010, 12 pp.)