CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
A'Bed v. Canada (Minister of Citizenship and Immigration)
IMM-363-01
2002 FCT 1027, Kelen J.
1/10/02
10 pp.
Judicial review of visa officer's refusal of application for permanent residence in Canada as civil engineer--Decision made because applicant working as construction manager, not as civil engineer--Applicant challenging proper legal interpretation of Immigration Regulations, 1978, and reasonableness of visa officer's decision--Applicant, citizen of Jordan, resided in U.S. since 1992, applied to immigrate to Canada as civil engineer--Visa officer warded no units of assessment for experience as engineer and no points for occupational category--Applicant received 63 of required 70 points--Applicant submits he is entitled to 8 points for experience and 5 points for category--Visa officer deciding not to award points because applicant had not performed substantial amount of duties of civil engineer--Visa officer interpreting "substantial number of main duties . . . including the essential one" in Regulations, Sch. I, Item 4(1)(b) as "majority" of duties described in NOC list to meet occupation and experience requirement of civil engineer--"Majority" of duties incorrect test--"Civil engineers perform some or all [duties]" more specific language and qualifies more general "substantial number"--"Some" means more than one-- Reasonableness of diecision need not be considered-- Decision unreasonable because of inconsistencies and lack of clarity--Application for judicial review allowed-- Immigration Regulations, 1978, SOR/78-172, Sch. I, Item 4(1)(b).