CITIZENSHIP AND IMMIGRATION |
Judicial Review |
Mirchandani v. Canada (Minister of Citizenship and Immigration)
IMM-5363-99
O'Keefe J.
25/10/00
11 pp.
Application for judicial review of visa officer's decision refusing application for immigrant visa--Applicant citizen of India, resident of Kuwait, currently employed by Kuwait Oil Tanker Co.--Application for immigrant visa in independent category made on March 9, 1997--Applicant attending personal interview in Kuwait on September 14, 1999--Visa officer refused application for immigrant visas--Applicant assessed under NOC 4163--Immigrant visa refused as applicant received zero units of assessment for "Experience" in intended occupation--Applicant also received only 65 units of assessment in total--National Occupation Classification (NOC) adopted as standard to apply to assessing various occupations--Standard of review to be applied to visa officer's decision should be reasonableness simpliciter--Visa officer made reviewable error in processing of application--Assessed applicant under NOC 4163 as requested to do--Onus on applicant to establish officer fulfilled requirements of legislation--No duty on visa officer to find suitable category for applicant--However, once visa officer informed applicant she would find suitable category for her, she was required to look for this suitable category--Failure to find such suitable category for applicant breach of procedural fairness--Application allowed.