Mou v. Canada ( Minister of Citizenship and Immigration )
IMM-201-96
Lutfy J.
24/1/97
8 pp.
Application for judicial review of refusal of application for permanent residency-Application received April 12, 1995 with incorrect amount for processing and landing fees-Payment returned to applicant and correct amount sent April 26, 1995-Visa officer conducted interview concerning application on November 16, 1995, refusal communicated on November 20, 1995 (two units of assessment short of required minimum)-Visa officer erred in assessment of applicant's suitability, education and age factor-Less units assessed under both personal suitability and occupational demand for same considerations (doubtful marketability of applicant's qualifications as linguist in ancient Chinese language and literature)-Visa officer also incorrectly awarded units under education factor in characterizing applicant's M.A. from Shanghai Teachers University as "first-level" instead of "second-level"-Other important issue: when rights of applicant and dependants "locked-in": April 12 or April 26, 1995, four days after forty-ninth birthday-If earlier date, applicant would receive two units for age factor-No specific provision in legislation upon which to determine lock-in date-Payment of processing and right of landing fees not determinative of lock-in date-Rights of applicant should be assessed as of April 12, 1995 when application forms together with sufficient fees for himself and his spouse received-April 12 lock-in date only fair and appropriate in exceptional circumstances herein-Lock-in date that of application: MacGuigan J.A. in Choi v. Canada (Minister of Employment and Immigration), [1992] 1 F.C. 763 (C.A.)-Application for judicial review granted.