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Date: 20020919

Docket: IMM-1511-01

Neutral citation: 2002 FCT 986

Toronto, Ontario, Thursday, the 19th day of September, 2002

PRESENT:      The Honourable Mr. Justice Campbell

BETWEEN:

                                               SERGEY LI

                                                                                                     Applicant

                                                    - and -

                        THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

                                                                                                 Respondent

                     REASONS FOR ORDER AND ORDER

[1]    This is an application for judicial review of the decision of a visa officer, dated February 19, 2001, refusing the Applicant's application for permanent residence in Canada under the independent category.


[2]    The Applicant is a citizen of Russia who applied with the intended occupation of Electronics Engineer. As is the case with many applicants applying as engineers, the Applicant contacted the Canadian Council of Professional Engineers ("CCPE") to receive an Initial Assessment of Qualifications. The CCPE determined that the Applicant's academic qualifications were insufficient and rendered a negative assessment. Based on this negative assessment, the Visa Officer concluded that the Applicant did not meet the employment requirements as set out in the National Occupational Classification ("NOC") and therefore could not be awarded units under the Occupational Factor. The relevant portion of the refusal letter reads as follows:

In reviewing the National Occupational Classification (NOC) for your selected occupation, I have noted that under Employment Requirements for Electronic Engineers, a bachelor's degree in electronics engineering or in an appropriate engineering discipline is required. At the same time, in order to work as an electronics engineer in Canada, registration as a Professional Engineer in one's province of residence is often required and that electronics engineers are eligible for registration only if they have graduated from an accredited educational program.

You applied to the Canadian Council of Professional Engineers (CCPE) for an Initial Assessment of Qualifications. I have noted that the CCPE has determined that your qualifications are unacceptable in that your academic qualifications cannot be recognised by the CCPE. You have according to the CCPE completed insufficient engineering and engineering design courses. In view of the CCPE's assessment, I have concluded that you do not have the minimum educational qualifications that one would expect an electronics engineer in Canada to possess and that, therefore, you are not sufficiently prepared to follow the occupation of electronics engineer in Canada. I am, accordingly unable to award you any units for the Occupational factor.

(Applicant's Record, p.6)

  

[3]                 While the Visa Officer correctly cited that "registration" is "often required", it is agreed that the Visa Officer set this as a condition precedent in reaching the decision. The evidence in support of this conclusion is abundantly clear on the CAIPS notes and the Visa Officer's affidavit.

[4]                 Not only does the NOC not impose this requirement, but it is agreed that the guidelines for decision making with respect to assessments by the CCPE specifically state:

While applicants should be encouraged to obtain the CCPE assessment, we can not insist on one as a prerequisite to the application process.

(Respondent's Application Record, p. 26)

   

[5]                 Therefore, I find the decision was made in reviewable error which renders the decision patently unreasonable.

  

                                                  ORDER

Accordingly, I refer the matter back for redetermination by another Visa Officer, with the direction that the redetermination be completed by March 31, 2003.

With respect to the Applicant's application for costs, as I find no special reason to make this reward, no costs are awarded.

   

"Douglas R. Campbell"

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                        J.F.C.C.

  

                  FEDERAL COURT OF CANADA

Names of Counsel and Solicitors of Record                                                                                                  

COURT NO:                              IMM-1511-01

STYLE OF CAUSE:                       SERGEY LI

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

                                                                                   

DATE OF HEARING:              THURSDAY, SEPTEMBER 19, 2002

PLACE OF HEARING:              TORONTO, ONTARIO

REASONS FOR ORDER

AND ORDER BY:                         CAMPBELL J.

DATED:                          THURSDAY, SEPTEMBER 19, 2002

APPEARANCES:                         Mr. Mark Rosenblatt

For the Applicant

Ms. Jillian Siskind

                                For the Respondent

SOLICITORS OF RECORD:       Mark Rosenblatt

Barrister and Solicitor

335 Bay Street

Suite 1000

Toronto, Ontario

M5H 2R3

For the Applicant

                                                                   

Morris Rosenberg

Deputy Attorney General of Canada


For the Respondent


FEDERAL COURT OF CANADA

     Date: 20020919

                                    Docket:IMM-1511-01

Between:

SERGEY LI

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

                                                   

REASONS FOR ORDER

AND ORDER

                                                   

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