Date: 20010410
Docket: IMM-1817-00
Neutral citation: 2001 FCT 313
BETWEEN:
VLADISLAV PRIKULS
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
[1] The Applicant seeks judicial review of a visa officer's decision dated March 20, 2000, denying his application for permanent residence.
[2] The issue is whether the Applicant was provided procedural fairness in not being given advance notice of the visa officer's requirements concerning employment requirements of the NOC category of Physiotherapist (NOC# 3142). The Applicant stated that he was not aware of the need to show that his credentials were equivalent to those required under NOC, nor that he had to show that he was eligible to write the Canadian Alliance of Physiotherapy Regulators (CAPR) exams.
[3] However, the Applicant's consultant had raised both of these points in his March 19, 1999 application letter sent to the Canadian Consulate General, Buffalo, which is found at page 84 of the certified record. On the third page of that letter, the Applicant's consultant wrote:
Mr. Prikuls has already contacted Canadian Alliance of Physiotherapy Regulators when he was in Canada in November, 1998. He understands that in order to practice physiotherapy in Canada he, as a person educated outside Canada, must have his credentials reviewed by the Alliance and be eligible for the Physiotherapy National Examination (PNE).
[4] Furthermore, the subject was raised by the visa officer as shown in the CAIPS notes and the Applicant was very evasive with respect to his answers concerning his contact with CAPR.
[5] Under these circumstances, there is no violation of procedural fairness by the visa officer. The Applicant knew his credentials had to be evaluated and that he needed to show he had the right to sit the PNE.
[6] The application for judicial review is dismissed.
"W.P. McKeown"
Toronto, Ontario
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-1817-00
STYLE OF CAUSE: VLADISLAV PRIKULS
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
DATE OF HEARING: TUESDAY, APRIL 10, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: McKEOWN J.
DATED: TUESDAY, APRIL 10, 2001
APPEARANCES BY: Mr. Harvey Savage
For the Applicant
Ms. Neeta Logsetty
For the Respondent
SOLICITORS OF RECORD: HARVEY SAVAGE
Barrister & Solicitor
393 University Avenue, Suite 2000
Toronto, Ontario
M5G 1E6
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20010410
Docket: IMM-1817-00
BETWEEN:
VLADISLAV PRIKULS
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER