CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Immigration Inquiry Process |
Elijah v. Canada (Minister of Citizenship and Immigration)
IMM-4638-01
2002 FCT 1082, Rouleau J.
17/10/02
16 pp.
Application for judicial review seeking to quash visa officer's decision denying applicant's permanent resident status application on ground failed to obtain at least 70 units of assessment--Applicant born in India, married with one child, no relatives in Canada--Application indicating intended occupation financial manager--Visa officer awarding 15 units in Education and Training Factor, 0 points in Occupational Factor and Experience Factor--Application dismissed-- Commentaries in Citizenship and Immigration policy manual Chapter OP-5 "Processing Independent Immigrants" indicating that where candidate's intended occupation appears on General Occupation List and candidate has been awarded specific number of units under Educational Training Factor visa officer must award corresponding units (in this case, 3) under Occupational Factor--While visa officer erred in assessment of applicant under Occupational Factor, determination of applicant's work experience and personal suitability reasonable based on evidence, and applicant still not meeting minimum points requirement.