Date: 19980924
Docket: IMM-3736-97
BETWEEN:
MUI-LING HUI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL, J.:
[1] On the authority of Raghbir Singh Saggu al. v. M.C.I. (28 November 1994) T-2186-92 at 8-10 (F.C.T.D.) that a visa officer has a clear responsibility to assess alternative occupations inherent in the applicant's work experience, given the ample evidence in this case that the applicant has work experience as an accountant, I find that she should have been assessed as such. The failure to do so is a reviewable error.
[2] Accordingly, I set aside the visa officer's decision, and refer this matter to a different visa officer for the applicant to be assessed as an accountant at a visa post other than Seattle.
"Douglas R. Campbell"
Judge
Toronto, Ontario
September 24, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3736-97
| STYLE OF CAUSE: MUI-LING HUI |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: THURSDAY, SEPTEMBER 24, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER AND ORDER BY: CAMPBELL, J.
DATED: THURSDAY, SEPTEMBER 24, 1998
APPEARANCES:
Mr. Timothy E. Leahy
For the Applicant
Mr. Kevin Lunney
For the Respondent
SOLICITORS OF RECORD:
Timothy E. Leahy, Esq.
| Barrister & Solicitor |
| 5075 Yonge Street, Suite 408 |
| North York, Ontario |
| M2N 6C6 |
| For the Applicant |
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980924
Docket: IMM-3736-97
Between:
| MUI-LING HUI |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER