Paracha v. Canada ( Minister of Citizenship and Immigration )
IMM-5446-98
Pelletier J.
23/8/99
4 pp.
Application for judicial review of visa officer's decision with respect to application of Immigration Regulations, 1978-Applicant civil engineer wishing to emigrate to Canada-According to visa officer, in order to get credit for experience applicant must have done all of tasks described under heading of Civil Engineer in National Occupational Classification (NOC)-Visa officer finding applicant has not done number of tasks set out in NOC, therefore declining to award points for Experience-Regulations, s. 11(1) providing no visa will be issued to person not awarded points under Item 3 Experience-NOC not simply guide for visa officers, binding direction as to assessment of applicants for visa-Visa officer may not add to requirements of NOC based upon view of job market-Bound to apply NOC according to terms-Words "all or some" in NOC meaning civil engineers will perform more than one of specific tasks, some may perform them all-Not meaning all civil engineers perform all of tasks, construction which visa officer appears to have placed upon words-Visa officer failing to consider applicant's work experience at Erum Developers as for period of less than one year-Error for visa officer to exclude said experience even on view of required length of service-Application allowed-Immigration Regulations, 1978, SOR/78-172, s. 11(1) (as am. by SOR/93-44, s. 8), Sch. I.