Digests

Chaudry v. Canada (Minister of Citizenship and Immigration)

IMM-5721-01

2003 FCT 229, Kelen J.

25/2/03

7 pp.

Judicial review of visa officer's decision denying applicant's application for permanent residence as independent immigrant--Applicant accumulated only 41 of 70 units of assessment required for application to succeed-- Visa officer did not feel exercise of positive discretion warranted--Visa officer erred in law in awarding applicant zero units of assessment for occupational factor, rather than 10 units--Applicant employed as highly skilled terrazzo mechanic earning $85,000/year--Visa officer put too much emphasis on employability if current job lost or applicant disabled--Visa officer's decision not reasonable as cannot withstand somewhat probing examination--Contingency not reasonable basis to refuse application--Considering applicant's skill level, likelihood of disability due to incident on job low--Terrazzo mechanics not in hazardous occupation--Unreasonable for visa officer to rely upon remote contingency to refuse application--Applicant far from obtaining required number units of assessment, but visa officer erred in assessing at least one factor--Special fact situation warranting reassessment of applicant following full interview by new visa officer--Discretion to issue immigrant visa to immigrant not awarded number of units of assessment where good reasons why number of units of assessment awarded do not reflect chances of particular immigrant becoming successfully established in Canada--Applicant already successfully established in Canada with respect to ability to make living--Canadian workplace has shortages in key fields including skilled construction workers--Highly skilled workers such as applicant required to maintain Canadian economic prosperity--Application allowed.