Date: 19980626
Docket: IMM-1792-97
OTTAWA, ONTARIO, JUNE 26, 1998.
PRESENT: THE HONOURABLE MADAME JUSTICE TREMBLAY-LAMER
BETWEEN:
ELENA GRACHEVA,
ALEXANDER GRACHEV,
NIKITA GRACHEV,
ARTEM GRACHEV,
Applicants,
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
ORDER
The application for judicial review is dismissed.
"Danièle Tremblay-Lamer"
JUDGE
Date: 19980626
Docket: IMM-1792-97
BETWEEN:
ELENA GRACHEVA,
ALEXANDER GRACHEV,
NIKITA GRACHEV,
ARTEM GRACHEV,
Applicants,
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
REASONS FOR ORDER
TREMBLAY-LAMER J.:
This is an application for judicial review of a decision of visa officer Nathalie Smolynec denying the principal Applicant permanent residence in Canada.
The principal Applicant, Elena Gracheva, is a Russian citizen. In 1996, she applied for permanent residency under the "independent category" indicating she wished to be assessed under the occupation of accountant.[1] On October 18, 1996, she was interviewed by a visa officer and in a letter dated November 7, 1996, she was informed that her application had been denied.
The visa officer explained in her affidavit that the Applicant's accounting skills were not transferable to the Canadian marketplace because she had limited knowledge of Western accounting principles, having been educated and trained in a market command economy. The only exposure she had had to these principles was during a three-month course she completed in March 1992. Her limited knowledge of them was also reflected in the answers she gave to the accounting test.
The Applicant submits that the visa officer was not allowed to fault her because of her education and training in a market command economy. The officer was bound by the CCDO's definition of "accountant" which does not incorporate such a criteria.
I disagree. The visa officer was correct in assessing her knowledge in the Canadian context. The purpose of the selection interview is to determine if a person will be able to successfully establish himself or herself in Canada.
In the present case, the Applicant had limited knowledge of accounting principles and methods used in the West, which is essential for her to be able to function in her occupation in Canada.
For these reasons, the application for judicial review is dismissed.
Neither counsel recommended certification of a question in this matter. Therefore, no question will be certified.
"Danièle Tremblay-Lamer"
JUDGE
OTTAWA, ONTARIO
June 26, 1998.
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-1792-97
STYLE OF CAUSE: ELENA GRACHEVA AND OTHERS V. THE MINISTER OF CITIZENSUIP AND IMMIGRATION
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: JUNE 24, 1998
REASONS FOR ORDER OF THE HONOURABLE MADAME JUSTICE TREMBLAYLAMER
DATED: JUNE 26, 1998
APPEARANCES:
MR. DAN MILLER FOR THE APPLICANT
MR. JAMES BRENDER FOR THE RESPONDENT
SOLICITORS ON THE RECORD:
MR. DAN MILLER FOR THE APPLICANT TORONTO, ONTARIO
Mr. George Thomson FOR THE RESPONDENT Deputy Attorney General of Canada