CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Zheng v. Canada (Minister of Citizenship and Immigration)
IMM-3809-98
O'Keefe J.
10/1/00
14 pp.
Judicial review of refusal of application for permanent resident status--Applicant applied in independent category as Biochemist--Visa officer's notes showing applicant studied chemistry for four years, received bachelor of medicine degree in 1983; worked from 1985 to present analysing pollutants in air; presently monitoring air, water samples; unable to answer specific questions as to safety standards of air quality, safety levels of heavy metals in drinking water--Visa officer awarding 0 units of assessment under experience--Awarding 5 out of possible 10 units for personal suitability, but no reasons provided for arriving at figure--Application allowed--Reasonableness appropriate standard of review: Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817--Visa officer's decision to grant 0 units for experience unreasonable--Work experience outlined by visa officer would qualify applicant to receive at least some units of assessment--Alternatively visa officer's decision patently unreasonable--Notes of visa officer or letter to applicant addressing various issues would constitute reasons according to Baker--Neither notes nor letter mentioning what visa officer considered in arriving at total of 5 points for personal suitability--If notes or letter to applicant listed factors considered, Court would not second guess visa officer unless reasons unreasonable--Breach of duty of fairness not to give reasons for decision to award certain number of points for personal suitability--No reference to request to have applicant's spouse assessed as principal applicant--Immigration Regulations, s. 8(1) stating visa officer shall assess immigrant or, at option of immigrant, spouse of immigrant--As no such option made by applicant, this ground of review failed--Immigration Regulations, 1978, SOR/78-172, s. 8(1).