Date: 19990721
Docket: IMM-4247-98
BETWEEN:
MOHAMMAD HOSSAIN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(revised version of reasons given orally)
REED J.
| [1] I am not persuaded that the decision under review is one that should be set aside. It is conceded that it does not matter whether the NOC assessment or the CCDO assessment is conducted first by the visa officer, providing both are undertaken. I am persuaded that both were undertaken in this case. The visa officer so states in the refusal letter, and there is no evidence to show that the results would have been different under one as opposed to the other. |
| [2] I agree that the visa officer erred in quoting in the refusal letter the general description of the work undertaken by computer engineers, which included that undertaken by software as well as hardware engineers, when the applicant only applied under the latter category. At the same time, I think I would be reading the decision microscopically and perhaps capriciously were I to set it aside for that reason when the visa officer"s notes so clearly indicate that the reason the applicant was refused was because his c.v. and work experience did not show that he had worked as a hardware engineer: |
| REFUSAL RECOMMENDED 0 EXPERIENCE. ALL OF PA"S EXPERIENCE SEEM TO HAVE BEEN AS A COMPUTER TECHNICIAN AND MANAGEMENT AS REFLECTED IN HIS OWN C.V. AS WELL AS LETTERS OF REFERENCE. |
| [3] That brings me to the main argument: whether the visa officer ignored evidence. I cannot conclude that the visa officer ignored the evidence, or that the decision that was made was unreasonable (I prefer the test of unreasonableness, rather than patently unreasonable). The applicant"s own c.v. describes his occupation from 1996 to present as being "assistant director" in a government department (the Ministry of Energy and Mineral Resources). It describes his occupation for 6 years prior to that as "manager MIS" (I take MIS to mean Management Information Systems) - this was for a charitable organization established by the Bangladesh government for the Welfare of the Retired Armed Forces Personnel. Prior to that the applicant described his job as having been "manager marketing and technical" for Unidev Computers Limited, and from August 1988 to January 1989 "hardware engineer" for Datec Limited. That is, his only self-identified employment as a hardware engineer was over ten years ago and only for a brief period of time. Also, when one turns to the employer"s description of the tasks the applicant performed, the relevant portion reads "site preparation & installation of microcomputer including hardware and software to the customer"s premises". Both the NOC and the CCDO descriptions indicate that a "computer hardware engineer" engages in more technically demanding tasks than are reflected in the applicant"s job description of the tasks he performed in 1988-1989. I could not find that the visa officer"s decision was an unreasonable one. |
| [4] Accordingly, this application must be dismissed. |
"B. Reed"
JUDGE
TORONTO, ONTARIO
July 22, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-4247-98 |
| STYLE OF CAUSE: MOHAMMAD HOSSAIN |
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: WEDNESDAY, JULY 21, 1999
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: REED J.
DATED: THURSDAY, JULY 22, 1999
APPEARANCES: Mr. Harvey Savage
For the Applicant
Ms. Andrea Horton
For the Respondent
SOLICITORS OF RECORD: Harvey Savage
| Barrister & Solicitor |
| 393 University Avenue, Suite 2000 |
| Toronto, Ontario |
| M5G 1E6 |
For the Applicant
| Morris Rosenberg |
| Deputy Attorney General of Canada |
For the Respondent
FEDERAL COURT OF CANADA
Date: 19990722
Docket: IMM-4247-98
Between:
| MOHAMMAD HOSSAIN |
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER