CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Randolph v. Canada (Minister of Citizenship and Immigration)
IMM-2604-00
2001 FCT 40, Nadon J.
7/2/01
9 pp.
Application for judicial review of visa officer's decision rejecting plaintiff's permanent residence application in independent class (assisted relatives)--Plaintiff (and husband) each had job offer, but latter not validated by National Employment Service--Application allowed--In deciding pursuant to Regulations, s. 11(3)(b) whether person capable of successfully establishing himself or herself in Canada, visa officer should take into account only factors affecting ability to earn living: Chen v. Canada (Minister of Employment and Immigration), [1994] 1 F.C. 639 (C.A.), dissent by Robertson J.A., approved by Supreme Court of Canada, [1995] 1 S.C.R. 725--Visa officer right to award no points to plaintiff's job offer since not validated--However, validation of job offer had no bearing on plaintiff's chances of successfully establishing herself in Canada--Job offers relevant to exercise of discretionary power under Regulations, s. 11(3)(b) and so visa officer should have considered them, which she did not do and should have done--Immigration Regulations, 1978, SOR/78-172, s. 11(3)(b).