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Ismael v. Canada ( Minister of Citizenship and Immigration )

IMM-3997-98

Tremblay-Lamer J.

17/3/99

7 pp.

Application for judicial review of visa officer's decision denying applicant permanent residence in Canada, based mainly on education factor-Application for permanent residence under independent skilled worker category as administrative officer, based on experience as administrative officer at Canadian Embassy in Mozambique and on work at CIDA in Mozambique-Application sent via courier on April 25, 1997 and received May 2, 1997-Criteria ((Canadian Classification and Dictionary of Occupations) (CCDO)) changed May 1, 1997-Assessed according to new criteria (National Occupational Classification (NOC))-Application allowed-According to transitional provision, mail-in cases bearing postmark prior to May 1 should be assessed under CCDO-Courier waybill dated April 25 equivalent to postmark, and application should have been assessed under CCDO-Due to lack of familiarity with educational system in Mozambique, visa officer had duty to seek guidance on subject from local visa office or embassy in Mozambique, before assessing educational credentials from that country and determining whether applicant's diploma may lead to entrance to university.

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