CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Borzenko v. Canada (Minister of Citizenship and Immigration)
IMM-6475-00
2002 FCT 910, Rothstein J.A. (ex officio)
26/8/02
4 pp.
Judicial review of visa officer's denial of permanent resident visa--Applicant awarded 67 units of assessment--In 1979 applicant received diploma from DI Kurskiy Law Institute in Saratov, USSR--Subsequently granted qualifica-tion as lawyer pursuant to resolution of State Examination Commission--Visa officer awarding only 10 units of assess-ment for education factor--No documentation substantiating applicant's submission level of education that of bachelor's degree in law--Argument based on fact granted qualification of lawyer, and that inference should be drawn that received education equivalent to bachelor's degree in law--No documentary evidence indicating DI Kurskiy Law Institute university, that diploma equivalent to university degree, or that university degree required in order to qualify as lawyer in USSR--No obligation on visa officer to take further steps to clarify level of applicant's education merely because qualified as lawyer in USSR--Applicant himself referred to having diploma, not university degree--Prima facie not qualifying for 15 units of assessment for education factor--No reference in document submitted from International Qualifications Assessments Service in Edmonton, Alberta to legal training--Application dismissed.