Date: 19981105
Docket: IMM-3055-97
BETWEEN:
AHMAD AFTAB WARSI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Toronto, Ontario on
Wednesday, November 4, 1998, as edited)
ROTHSTEIN J.:
[1] The applicant in his application for permanent residence in Canada indicated that his intended occupation in Canada was "mechanical engineer or job in related fields". The applicant argues that the visa officer erred in not assessing the applicant in related fields when the applicant did not qualify as a mechanical engineer.
[2] In Hajariwala v. The Minister of Employment and Immigration, [1988] 23 F.T.R. 241, Jerome A.C.J. states at paragraph 6 on page 243:
| I am not prepared to go that far, but I do find that it puts beyond question the responsibility of the visa officer to do so [that is to assess alternate occupations] where , as here, the applicant seeks it by designating alternate occupations in the application. |
[3] I am not satisfied that a reference to a "job in related fields" is a designation of an alternative occupation. The applicant points out some related occupations in the CCDO and undoubtedly there are jobs that are related to mechanical engineering. However, there is no onus on the visa officer to review the CCDO and attempt to decide in any given case whether a job is in a related field. Certainly if the applicant lists specific jobs, the visa officer should assess the applicant in those jobs, but making reference to a job in a related field in an application places no such onus on the visa officer.
[4] The judicial review is dismissed.
"Marshall Rothstein"
Judge
Toronto, Ontario
November 5, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3055-97
| STYLE OF CAUSE: AHMAD AFTAB WARSI |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: WEDNESDAY, NOVEMBER 4, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN J.
DATED: THURSDAY, NOVEMBER 5, 1998
APPEARANCES: Mr. Haque
For the Applicant
Ms. Susan Nucci
For the Respondent
SOLICITORS OF RECORD: Mr. Jeffrey Danziger
| Barrister & Solicitors |
| 1000 Gerrard Street East, Unit C17 |
| Toronto, Ontario |
| M4M 3G6 |
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19981105
Docket: IMM-3955086
Between:
| AHMAD AFTAB WARSI |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER