CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Zheng v. Canada (Minister of Citizenship and Immigration)
IMM-1846-99
Lemieux J.
12/4/00
13 pp.
Judicial review of visa officer's refusal of permanent residence visa because not qualifying for intended occupation, specifically not having required training--NOC incorporated by reference into Immigration Regulations, 1978--Description of Translators, Terminologists, Interpreters in NOC providing "Translators translate written material from one language to another . . . Interpreters translate oral communication, such as speeches, proceedings and dialogue, from one language to another"--(1) Although application for permanent resident's visa under independent skilled worker category as interpreter, visa officer interviewing applicant as if applied as interpreter/translator--NOC for each occupation prescribing same employment (educational/ training) requirements, but main duties, required skills differ--Fundamental applicant have application evaluated under stated intended occupation--On face of notes recording what transpired at interview, visa officer not assessing applicant solely as interpreter, but rather in combined occupation of translator/interpreter, tainting view on interpretation of employment requirements for interpreter--Visa officer's decision cannot stand for this reason--(2) Employment requirements in NOC attached to occupations of translators, interpreters, terminologists "bachelor's degree in translation or related discipline"--"Related" not having same meaning as "equivalent" or "substitute"--"Equivalent" or "substitute" conveying notion of sameness, of being identical whereas being related more flexible in terms of association or connection required--Words found in NOC item covering occupations having different duties attached to them--Requiring bachelor's degree in related discipline intended to provide flexibility in assessment of employment requirements enabling visa officer degree of latitude in order to take into account person whose intended occupation that of interpreter or terminologist--By applying requirement of degree equivalent to or substituted for translation degree, visa officer confining scope of employment requirements too narrowly and foreclosed proper examination on whether applicant's degree in English language, literature, courses followed at graduate level connected to employment as interpreter--By doing so visa officer committed reviewable error--Immigration Regulations, 1978, SOR/78-172.