Digests

Citizenship and Immigration

Status in Canada

Permanent Residents

Judicial review of visa officer’s decision refusing applicant’s permanent residence application under skilled worker category—Visa officer not awarding selection points for applicant’s Canadian post-secondary studies—Claiming applicant not having studied in full-time program of at least two years duration, attending one semester at different school—Whether visa officer erring in interpreting Immigration and Refugee Protection Regulations, SOR/2002-227, s. 83—Minister contending that s. 83 restrictive, not permitting pursuit of different academic programs at more than one accredited institution—Arguing that s. 83 referring throughout to singular, therefore ordinary meaning confined to single two-year academic program at one institution—However, Interpretation Act, R.S.C., 1985, c. I-21, s. 33(2) dictating that words in singular include plural, words in plural include singular—Accordingly, references in s. 83 to the singular must include “programs”, “institutions”, “study permits”, “those programs”—Such argument in keeping with purposive approach to interpretation of s. 83—Succession of academic programs at more than one institution not detracting from statutory purpose of recognizing person’s adaptability—Discounting value of applicant’s studies on such basis perverse, not in keeping with statutory object of such recognition—Reference to two years in s. 83 meaning academic, not calendar years—Breaks in continuity of study also contemplated—Application allowed.

Patel v. Canada (Citizenship and Immigration) (IMM-6394-09, 2010 FC 1025, Barnes J., judgment dated October 20, 2010, 10 pp.)