Date: 20010816
Docket: IMM-2785-00
Neutral citation: 2001 FCT 903
BETWEEN:
KETANKUMAR JAYANTILAL PATEL
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
[1] This is a judicial review of a decision of a Visa Officer which refused the applicant's application for landing in the independent class. The applicant was assessed in the Applied Chemical Technologists and Technicians Occupation (NOC Code 2211.1).
[2] The applicant says that, contrary to the finding of the Visa Officer, the applicant did perform a number of the essential duties of an Applied Chemical Technologist as set out in the NOC.
[3] However, the applicant stated in his affidavit that he had said to the Visa Officer, "Sir, I also had expressed my doubt for matching my job duties with those of Applied Chemical Technologist/Technician ...". The Caips notes are consistent with the applicant's evidence.
After discussion pi agrees that he does not perform the duties of chemical technologist or technician. I must award zero points for this occupation and as such cannot pass his application for this occupation.
The applicant's affidavit and the Caips notes confirm that the applicant's duties have not been in the area of chemical experiments, tests and analysis, and that the applicant has not used techniques such as chromatography, spectroscopy, and microscopy, or that he has operated and maintained such laboratory equipment and apparatus which are the main duties of chemical technologists or technicians.
[4] I accept that a Visa Officer has expertise for assessing applicants in the independent class according to the NOC and that such decisions of Visa Officers are entitled to some deference. In this case, the Visa Officer's decision was not unreasonable.
[5] The judicial review will be dismissed.
"Marshall Rothstein"
Judge
Toronto, Ontario
August 16, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-2785-00
STYLE OF CAUSE: KETANKUMAR JAYANTILAL PATEL
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
DATE OF HEARING: MONDAY, AUGUST 13, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: ROTHSTEIN J.A.
DATED: THURSDAY, AUGUST 16, 2001
APPEARANCES: Mr. M. Max Chaudhary
For the Applicant
Ms. Amina Riaz
For the Respondent
SOLICITORS OF RECORD: CHAUDHARY LAW OFFICE
Barristers & Solicitors
18 Wynford Drive, Suite 707
North York, Ontario
M3C 3S2
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20010816
Docket: IMM-2785-00
BETWEEN:
KETANKUMAR JAYANTILAL PATEL
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT
Date: 20010816
Docket: IMM-2785-00
Toronto, Ontario, Thursday the 16th day of August, 2001
PRESENT: The Honourable Mr. Justice Rothstein
BETWEEN:
KETANKUMAR JAYANTILAL PATEL
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
JUDGMENT
The judicial review is dismissed.
"Marshall Rothstein"
Judge