Date: 20000816
Docket: IMM-3377-99
BETWEEN:
FUSHUN ZHANG
Applicant
-and-
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
MCDONALD J.A.
[1] This is an application for judicial review of a Visa Officer"s decision which denied the Applicant"s application for permanent residence in Canada. The Visa Officer classified the Applicant"s application as a full time teacher, not as a computer programmer as the applicant had submitted in his application.
[2] The National Occupational Classification (NOC) sets out the following main duties for a computer programmer:
| Write computer programs as software packages by coding instructions and algorithms into machine readable form. |
| Test, debug, document and implement computer programs as software packages. |
| Maintain existing computer programs by making minor modifications as required . |
| Act as a resource person, solving computer problems for users. |
[3] In my view, it is clear on all of the evidence before the Visa Officer that the Applicant has performed a "substantial number of the main duties as set out in the National Occupational Classification" as required by Schedule 1 of the Immigration Regulations.
[4] The Visa Officer seems to have relied on the fact that, in her opinion, the Applicant did not work full time as a computer programmer. The Regulations however do not require that the Applicant have full time work experience, only that he has performed the main duties set out in the NOC. It is clear on the evidence that he has done so, and the Officer made a palpable and overriding error in concluding otherwise.
[5] The application will therefore be allowed and the matter referred back to another Visa Officer for redetermination on a priority basis in a manner consistent with these reasons.
"F. J. McDonald"
J.A.
Toronto, Ontario
August 16, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-3377-99 |
| STYLE OF CAUSE: FUSHUN ZHANG |
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| DATE OF HEARING: TUESDAY, AUGUST 15, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: MCDONALD J.A. |
DATED: WEDNESDAY, AUGUST 16, 2000
| APPEARANCES BY: Ms. Chantal Desloges |
| For the Applicant |
Ms. Catherine Vasilaros
For the Respondent
| SOLICITORS OF RECORD: Green and Spiegel |
Barristers and Solicitors
121 King Street West
Suite 2200, P.O. Box 114
Toronto, Ontario
M5H 3T9
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000816
Docket: IMM-3377-99
BETWEEN:
FUSHUN ZHANG
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| REASONS FOR ORDER |