Date: 20000630
Docket: IMM-4439-99
BETWEEN:
RAVINDER KUMAR MALIK
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
REED, J.:
[1] These reasons relate to the judicial review of a visa officer's decision refusing the applicant a permanent resident visa. The applicant applied as an independent immigrant, indicating that he intended to work in Canada as a "sales-promotion administrator" or an "administrative officer". The visa officer assessed him as an "insurance sales manager". The occupational demand factor for that occupation is "zero", and this was an automatic bar to the issuance of a permanent resident visa to the applicant.
[2] The refusal letter reads in part:
| At interview, you confirmed that you had been working with Life Insurance Corporation of India as a Development Officer since October, 1991. In this position, you have been responsible for selling various insurance policies established by the Insurance Company. Though you train and motivate the agents working for you in procuring the business of insurance sales, you are neither the deciding authority on advertising needs of the company; nor in developing advertising campaigns or in evaluating promotional and marketing results against budgeted sales, costs, profits and effect on future sales. You, at best, suggest to your senior managers as to the need for and proposed methods of advertising to promote the insurance business in a particular segment of society. Accordingly, you fail to meet the requirements of a Sales Promotion Administrator. |
| Your application was also assessed as to whether or not you meet the requirements of an Administrative Officer. According to the information provided at interview, you had worked as a Supervisor in the insurance company for just over a year and during this period, you had only supervised the work of insurance clerks, maintained their leave record and ensured that the assigned work is done in the stipulated period. Your duties and responsibilities as a Supervisor can only enable you to be considered as a Supervisor, Insurance clerks; an occupation with "zero" occupational demand factor, which is an automatic barrier in acceptance of your application. |
[3] Counsel for the applicant argues that the visa officer: misinterpreted the CCDO description of a "sales-promotion administrator"; erred in assessing the applicant's experience; did not assess the applicant under the NOC description of "sales-promotion administrator".
[4] Counsel argues that insofar as the CCDO description is concerned, the visa officer required a person in that occupation to be the deciding authority on advertising campaigns or in evaluating promotional and marketing results against budgeted sales, costs, profits. He argues that the CCDO description does not require a "sales-promotion administrator" to be the deciding authority.
[5] The CCDO description of a sales-promotion administrator describes that person as someone who "[p]repares, administers and analyzes programs to promote sales of products or services, by performing any combination" of a number of duties that are then listed:
| Prepares, administers and analyzes programs to promote sale of products or services, by performing any combination of the following duties: |
| Reviews publications and confers with knowledgeable persons to obtain information regarding existing market conditions. Analyzes market conditions, sale possibilities, consumer-buying habits, competitive conditions, production costs and product lines to determine promotional approach. Develops sales promotion programs to achieve objectives. Recommends research studies, new or improved products and packaging, pricing and dealer-shared advertising expenditures. Informs other departments of marketing strategies and promotional plans to ensure efficiency and co-ordination. Evaluates promotional and marketing results against budgeted sales, costs, profits and effect on future sales. Maintains and analyzes records of pertinent statistical information. Supervises workers engaged in preparing promotional material, displays and other forms of advertising. Plans and organizes demonstrations to promote product or service. Prepares and administers direct-mail-advertising programs. Visits customers to advise on such matters as floor layout, training programs and incentive objectives. |
| May be designated according to type of promotional activity: for example, |
| Account Executive |
| Direct-Mail-Specialist |
| Media-Advertising Director |
| Product Promoter (food & bev. n.c.c.) |
| Promotion Representative Vehicle-Leasing-and-Sales (ret. trade) |
| Spare-Parts-Field Representative (motor vehicle) |
[6] There is jurisprudence that it is not necessary for a person to perform all the duties listed in a CCDO description in order to fall within the described occupation. The person must, however, perform a substantial number of those duties, including of course the duties that are essential to the occupation. The former requirement is reflected in that part of the CCDO description set out above, which states that a sales-promotion administrator performs "any combination of the following". The essence of the occupation of sales-promotion administrator, however, is that the person "prepares, administers and analyzes programs to promote the sale of ... services" (emphasis added).
[7] I cannot conclude that the visa officer erred when he described the applicant as not being the "deciding authority" on advertising campaigns or in evaluating promotional and marketing results. The use of the phrase "deciding authority" must be assessed in the context of the visa officer's decision as a whole. When read in context, it is clear that the visa officer was saying that the essence of the applicant's job was not that of a sales-promotion manager, although, in the course of his duties, he may have given some advice on these subjects.
[8] Counsel for the applicant argues that in assessing the applicant's experience the visa officer failed to consider the letter from the applicant's employer describing his job duties.
[9] Counsel for the respondent notes that that letter was reviewed in the paper-screening process, which pre-dated the in-person interview of the applicant by the visa officer. Counsel notes that that interview was scheduled to elicit more information from the applicant about what his job duties actually were. The CAIPS notes at the paper screening stage read:
| CONCLUSION: INTERVIEW REQUIRED TO ASSESS PI'S WORK EXPERIENCE IN HIS INTENDED OCCUPATION ... |
Those notes also indicate that the visa officer looked at the applicant's reference letters.
[10] It was not an error then for the visa officer who conducted the interview to have relied on the information gleaned from the applicant at that interview without any express reference being made to the reference letter.
[11] With respect to the argument that the visa officer failed to assess the applicant under the NOC description, as well as the CCDO description, counsel for the respondent notes that if the applicant did not qualify as a sales-promotion administrator for the purposes of the CCDO, he would also not qualify under the NOC. The visa officer did assess the applicant under both categories in the occupation in which the visa officer found the applicant to be qualified, that of insurance sales manager.
[12] For the reasons given, I can find no error in the visa officer's decision.
Judge
OTTAWA, ONTARIO
June 30, 2000