Date: 19990630
Docket: IMM-3774-98
BETWEEN:
FU JIAN ZHOU
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
LUTFY J.:
[1] There is no reviewable error in the visa officer's decision to refuse permanent residence in Canada to the applicant who is a citizen of China. The applicant had applied for landing in the independent category under the occupation of accountant (CCDO 1171-114) and was also assessed as a bookkeeper (CCDO 4131-114) for which he was awarded 59 units.
[2] The visa officer correctly found that the applicant had not completed secondary school at the university entrance level. Accordingly, he could not meet the training and entry requirements for accountants under the CCDO, notwithstanding his work in the accounting department of a mid-size electronics business in Shanghai.
[3] The visa officer took into consideration the reference letter from the applicant's employer. After questioning the applicant further, she was not satisfied that his employment experience came within the duties of an accountant under the CCDO classification.
[4] In a written test, which was intended to verify the applicant's skills as an accountant, he failed to indicate the difference between depreciation, amortization and depletion. The results of this test reinforced the visa officer's view that the applicant did not have the required skills for his intended occupation. She reached the same conclusion under the National Occupational Classification.
[5] The applicant had the burden to provide all relevant information to assist his application. The visa officer's negative determination concerning the applicant's qualifications as an accountant under the CCDO raises no issue of procedural fairness. Her conclusion concerning the applicant's lack of training and work experience does not mean that she had "concerns" which he did not have an opportunity to address.
[6] It was open to the visa officer, on the information provided by the applicant, to refuse his application for permanent residence. Accordingly, this application for judicial review will be dismissed. Neither party suggested the certification of a serious question.
"Allan Lutfy"
Judge
TORONTO, ONTARIO
June 30, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3774-98
| STYLE OF CAUSE: FU JIAN ZHOU |
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: TUESDAY, JUNE 29, 1999
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: LUTFY J.
DATED: WEDNESDAY, JUNE 30, 1999
APPEARANCES: Mr. M. Chaudhary
For the Applicant
Ms. N. Logsetty
For the Respondent
SOLICITORS OF RECORD: Chaudhary Law Office
Barristers & Solicitors
405-255 Duncan Mill Rd.
North York, Ontario
M3B 3H9
For the Applicant
| Morris Rosenberg |
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19990630
Docket: IMM-3774-98
Between:
| FU JIAN ZHOU |
Applicant
| - and - |
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER