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Date: 20020918

Docket: IMM-4832-00

Neutral Citation: 2002 FCT 1035

Toronto, Ontario, Wednesday, the 18th day of September, 2002

PRESENT:      The Honourable Mr. Justice Campbell

BETWEEN:

                                 MILADIN RADJENOVIC

                                                                                                     Applicant

                                                    - and -

   THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                 Respondent

                     REASONS FOR ORDER AND ORDER

[1]    This is an application for judicial review of a visa officer's decision, dated September 8, 2000, refusing the Applicant's application for permanent residence to Canada.


[2]                 The Applicant is a citizen of Yugoslavia who applied for permanent residence under the independent category, claiming "Technical Sales Specialist, Wholesale Trade" as his intended occupation in Canada. However, the Visa Officer who considered the Applicant's application did not formerly assess him in this category, but instead formerly assessed him in the category of "Sales Manager".

[3]                 As a result, I find the Visa Officer's decision is made in reviewable error for the reasons I have most recently explained in the case of Antonio Ang v. Minister of Citizenship and Immigration, 2002 FCT 949_ as follows:

In the present case, the Visa Officer stated that she reviewed the Applicant's experience and education against the National Occupational Classification for a Machinist. The Visa Officer determined that the Applicant did not meet either the employment requirements or that he had carried out the main duties. The Visa Officer ultimately assessed the Applicant as a Tool & Cutter Grinder, and a formal points assessment was made in this category. The assessment was recorded in the Visa Officer's CAIPS notes and included in the refusal letter.

It is well-established authority of this Court that a visa officer is required to conduct a formal assessment of each of the occupations presented by the Applicant for consideration (Issaeva v. Canada (M.C.I.) (1996), 87 Imm. L.R. (2nd) 91). Recently, in Manabat v. Canada (M.C.I.),[2002] F.C.J. No. 985, Gibson J. clarified that a formal assessment "includes a point-count assessment in accordance with subsections 8(1) and 8(2) of the Regulations". The record in the present case indicates that such a formal assessment was not conducted for both occupational categories requested in the Applicant's application for permanent residence. As a result, I find the Visa Officer erred in law.

                                                O R D E R

Accordingly, the decision of the Visa Officer is set aside and the matter is referred back for reconsideration by a different visa officer.

            "Douglas R. Campbell"         


J.F.C.C                       

FEDERAL COURT OF CANADA

    Names of Counsel and Solicitors of Record

DOCKET:                                              IMM-4832-00

STYLE OF CAUSE:              MILADIN RADJENOVIC

                                                                                                     Applicant

- and -

THE MINISTER OF CITIZENSHIP AND

IMMIGRATION

                                                                                                 Respondent

PLACE OF HEARING:                      TORONTO, ONTARIO

DATE OF HEARING:                        WEDNESDAY, SEPTEMBER 18, 2002

REASONS FOR ORDER                  

AND ORDER BY:                               CAMPBELL J.

DATED:                                                 WEDNESDAY, SEPTEMBER 18, 2002         

APPEARANCES BY:                          Mr. Cecil Rotenberg

For the Applicant

Ms. Catherine Vasilaros

For the Respondent

SOLICITORS OF RECORD:           Mr. Cecil Rotenberg,Q.C.

                                                                255 Duncan Mill Road

                                                                Suite 808

                                                               Don Mills, Ontario

                                                                M3B 3H9


For the Applicant

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent


FEDERAL COURT OF CANADA

Date: 20020919

Docket: IMM-4832-00

BETWEEN:

MILADIN RADJENOVIC

                     Applicant

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                    Respondent

                                                   

REASONS FOR ORDER

AND ORDER

                                                   

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