CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Israfil v. Canada (Minister of Citizenship and Immigration)
IMM-3841-98
Pinard J.
17/5/00
7 pp.
Judicial review of visa officer's decision applicant not meeting requirements for immigration to Canada--On application for permanent residence applicant listing intended occupation as caterer--Visa officer compelled to consider fully submissions, information provided by applicant: Saggu v. Canada (Minister of Citizenship and Immigration) (1994), 87 F.T.R. 137 (F.C.T.D.)--Additionally, where visa officer concerned applicant may not qualify, fairness requiring officer to give applicant opportunity to disabuse him of concerns: Muliadi v. Canada (Minister of Employment and Immigration), [1986] 2 F.C. 205 (C.A.)--Applicant assessed as caterer under CCDO, NOC--Under NOC, caterers assessed under "cooks", education/training requirements for which completion of three-year apprenticeship program or completion of college or several years of commercial cooking experience--Applicant submitting letter from Dhaka Catering School indicating completed six-month course in catering--Nothing in record indicating visa officer either turned his mind to whether catering course satisfied education/training requirements or expressed any concerns regarding catering course to applicant--Apparently disregarded catering course altogether--In failing to consider fully applicant's submissions, neither expressing concerns to applicant nor addressing requirements under NOC for cooks with applicant, visa officer breached duty of fairness--Application allowed.