Date: 19990312
Docket: IMM-1807-98
BETWEEN:
FARZANEH ARKAN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
NADON J.
[1] The applicant seeks to set aside a decision of visa officer, D. Wilson of the Canadian Embassy in Damascus, Syria dated February 18, 1999. By his decision, the visa officer refused the applicant"s application for permanent residence in Canada.
[2] The applicant, a citizen of Iran, applied pursuant to the independent selection criteria of the Immigration Act and Immigration Regulations as a "Librarian", as defined in the Canadian classification and dictionary of occupations in ("CCDO").
[3] The applicant was interviewed by the visa officer on February 17, 1998. On February 18, 1998 the visa officer sent the following letter to the applicant:
| This refers to your application for permanent residence in Canada and to your recent interview in with a visa officer. |
| I regret to advise that your application cannot, at this time, be approved. You are, in my opinion, a member of the inadmissible class of persons described in Section 19.(2)(d) of the Immigration Act as you are unable to fulfil the Requirements of Sections 8, 9 and 11 of the Immigration Regulations. |
| As a member of the Independent category, your application was assessed according to a detailed point system which includes such factors as age, occupation, employment experience, vocational training, education and abilities in English and French. Independent applicants must receive a minimum of 70 points to meet selection criteria, including at least one unit of assessment under both the occupational demand and experience factors. In your particular case, you were awarded the following points in your assessed occupation of Librarian, CCDO: 2351114: |
| Age 10 |
| Occupation 03 |
| Specific Vocational Preparation 15 |
| Experience 00 |
| Arranged Employment 00 |
| Demographic Factor 08 |
| Education 15 |
| English 06 |
| French 00 |
| Relatives 05 |
| Suitability 00 |
| Total 62 |
| As you have failed to meet the minimum required point total, your application cannot, at this time, be approved. |
| I regret that the decision taken in this instance could not be more favourable; however, I would like to thank you for your interest in Canada. |
Yours sincerely,
D. Wilson
Second Secretary
[4] The CCDO insofar, as it pertains to the occupation of "Librarian" provides the
following:
APTITUDES AND CAPACITIES
Librarians and Archivists require:
| - learning ability to plan, develop and execute library, archival and related services and computer-oriented data storage and retrieval systems, and to understand and apply library classification systems; |
| - verbal ability to confer with people at all levels of education and training, to analyze publishers" catalogues, to compile information and prepare written summaries. And to understand patrons" questions, communicate clearly and aid them with information for their research programs; |
| - form perception, as application to archivists, to notice pertinent detail in pictures, maps and other objects, to make visual discriminations and observe slight differences in quality, texture, shading s and other characteristics to determine value and authenticity; |
| - clerical perception to consult references and identify subject matter, to verify information and record data, and to maintain collections, files, catalogues and indices; |
| - capability to perform sedentary to light work with considerable reaching and stooping for material on shelves as well as handling and fingering books, index cards, files, audio-visual and other material; |
| - near visual acuity required when checking detail, recording information, and filing material. |
TRAINING AND ENTRY REQUIREMENTS
Librarians normally require:
| - a three or four year course of studies in a university leading to a bachelor of arts degree or other acceptable degree and |
| - one or two years program in a university school of library science leading to a bachelor"s or master"s degree - B.L.S. or M.L.S. |
Archivists normally require:
| - a bachelor"s degree in Honours History, but most employers prefer a master"s degree; and |
| - a one-year period of on-the-job training. |
The Canadian Historical Society sponsors summer courses in archival administration of approximately one month"s duration, and awards a certificate upon completion of this course.
[5] In her affidavit dated April 13, 1998, the applicant states, in part, that she was informed by the visa officer that she required a master"s degree in order to meet the training and entry requirements for her chosen occupation. There is no evidence before me from the visa officer.
[6] It is clear that the CCDO does not require the applicant to have a master"s degree in order to meet the training and entry requirements. The computer assisted immigration processing notes (CAIPs) show that the visa officer made an entry in the file to the effect that the applicant did not have the training and language necessary to qualify as a Librarian or Archivist according to the CCDO or the NOC requirements. Since I have no evidence from the visa officer, I can only conclude that the visa officer meant to indicate that the applicant did not qualify because she did not have a master"s degree.
[7] Counsel for the respondent argued that even if the visa officer made a mistake by requiring a master"s degree, that error is not material since, on the facts of the case, the applicant did not meet the training and entry requirements. I cannot agree with that submission since it is not up to me, but to the visa officer, to assess the applicant. It appears to me that the visa officer"s decision to assess the applicant on the basis that a master"s degree was required constitutes a reviewable error.
[8] For these reasons, this application for judicial review shall be allowed. The matter shall be referred to a different visa officer for a redetermination of the application for permanent residence. There shall be no order as to costs.
"Marc Nadon"
J.F.C.C.
TORONTO, ONTARIO
March 12, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-1807-98
| STYLE OF CAUSE: FARZANEH ARKAN |
and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: WEDNESDAY, MARCH 10, 1999
PLACE OF HEARING: TORONTO, ONTARIO
| REASONS FOR ORDER BY: NADON J. |
DATED: FRIDAY, MARCH 12, 1999
| APPEARANCES: Mr. Shoshana T. Green |
For the Applicant
Mr. Kevin Lunney
For the Respondent
SOLICITORS OF RECORD: GREEN AND SPIEGEL
Barristers & Solicitors
121 King Street West
Suite 2200, P.O. Box 114
Toronto, Ontario
M5H 3T9
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19990312
Docket: IMM-1807-98
Between:
| FARZANEH ARKAN |
| Applicant |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER