Date: 20010816
Docket: IMM-3568-00
Neutral citation:2001 FCT 902
BETWEEN:
SERGIY VELYCHKO
Applicant
-and-
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
[1] This is a judicial review of a decision of a visa officer denying the applicant's application for permanent residence as a member of the independent category based upon his intended occupation being that of remedial gymnast. The applicant says the visa officer erred:
1. In not conducting an interview. However, under subparagraph 11.1(a)(i) of the Immigration Regulations, no interview is required where the proposed immigrant receives less than 60 units of assessment under Schedule I. The applicant here received 54 units.
2. In not considering that the applicant had the equivalent of the completion of an approved college program in remedial gymnastics, an employment requirement under the NOC. The visa officer recognized that specialized college programs in remedial gymnastics are not generally available in the Ukraine and therefore considered whether the applicant had the equivalent. She acknowledged that the applicant had a diploma in medicine but found he only had 2 out of 56 courses that related to remedial gymnastics. She concluded that the applicant's education was in the area of general medicine and that the courses related to remedial gymnastics constituted only a very minor part of his total program of studies. On the basis of the evidence before her, I cannot say this conclusion was unreasonable.
3. In not seeking additional information from the applicant. However, it is well known that the onus is on the applicant to provide such information as he thinks is necessary to support his application. Where, as here, the applicant's case seems to be based, not on his meeting the employment requirements of a specific occupation but rather, on his having the equivalent of such requirements, an applicant must show that his qualifications are indeed equivalent. The visa officer cannot be faulted if he failed to do so.
4. In not assessing the applicant under a different occupation. However, the applicant only applied in the remedial gymnast category. There was no obligation on the visa officer to assess him under a category which he did not specify in his application.
[2] The application for judicial review will be dismissed.
"Marshall Rothstein"
Judge
Toronto, Ontario
August 16, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-3568-00
STYLE OF CAUSE: SERGIY VELYCHKO
Applicant
-and-
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
DATE OF HEARING: WEDNESDAY, AUGUST 15, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN J.A.
DATED: THURSDAY, AUGUST 16, 2001
APPEARANCES: Sergiy Velychko
No appearance
Ms. Marinos
For the Respondent
SOLICITORS OF RECORD: Sergiy Velychko
c/o Mr. David Genis
100 Wellesley Street East
Suite 2310
Toronto, Ontario
M4Y 1H5
For the Applicant, on his own behalf
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20010816
Docket: IMM-3568-00
BETWEEN:
SERGIY VELYCHKO
Applicant
-and-
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
Date: 20010816
Docket: IMM-3568-00
Toronto, Ontario, Thursday the 16th day of August, 2001
PRESENT: The Honourable Mr. Justice Rothstein
BETWEEN:
SERGIY VELYCHKO
Applicant
-and-
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ORDER
The judicial review is dismissed.
"Marshall Rothstein"
Judge