CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Yao v. Canada (Minister of Citizenship and Immigration)
IMM-4952-98
Lutfy A.C.J.
16/3/00
6 pp.
Application for judicial review of refusal by visa officer of applicant's application for permanent residence as independent immigrant in intended occupation as mechanical engineer (NOC 2132)--Visa officer determining applicant did not qualify as mechanical engineer--Counsel for applicant arguing visa officer did not give sufficient weight to Informal Assessment of Qualifications for Engineers issued by Canadian Council of Professional Engineers (CCPE)--Parties not agreeing on weight to be attached to CCPE informal assessment--Latter determinative of applicant's qualifications as mechanical engineer under National Occupational Classification (NOC)--Forming part of information, together with applicant's curriculum vitae, description of employment tasks, letter of reference, which must be considered by visa officer in determining whether candidate meets NOC criteria for engineers--Visa officer did not file affidavit--Neither visa officer's comments nor handwritten notes of interview indicate consideration of CCPE positive assessment--Decision made without regard to material before her--Application granted.