So v. Canada ( Minister of Employment and Immigration )
IMM-7542-93
Rouleau J.
22/3/95
5 pp.
Application to set aside refusal to issue immigrant visas to applicant and family -- Applicant head chef in Hong Kong until arrival in Canada in 1990 to work as head chef in Canadian restaurants -- Designated Immigration Officer refusing to consider applicant as head chef based on lack of formal education and on criteria in Canadian Classification and Dictionary of Occupations -- Application allowed, decision quashed and respondent ordered to process application for permanent residence at visa office of applicant's choice and in accordance with law -- Blatant and wilful bad faith and abuse of discretion -- Clear disregard of pertinent and relevant facts -- Failure to provide applicant with opportunity to seek currently validated offer of employment and to establish facts allegedly not established constitute flagrant breach of rules of natural justice -- Officer's superiors made aware of his errors in rendering decision but took no action to rectify -- Therefore, special reasons to award costs to applicant in amount of $7,500 as well as all reasonable costs incurred by him in attending new assessment.