Federal Court Decisions

Date: 20001220

Docket: IMM-3863-99

BETWEEN:

                                        SASHI RATTAN

                                                                                            Applicant

                                                 - and -

                       THE MINISTER OF CITIZENSHIP

                                  AND IMMIGRATION

                                                                                        Respondent

                    REASONS FOR ORDER AND ORDER

CAMPBELL J.

[1]    The Applicant applied for permanent residence in the job category "Advertising and Marketing Consultant" (NOC1122.2). In support of his application the Applicant supplied a letter from his employer which supports the Applicant's argument that he has experience in the job category assessed. However, the Visa Officer assessing the Applicant's suitability gave "0" units of assessment for experience.

[2]    I find that there is unrefuted evidence from the employer and the Applicant to satisfy the experience requirement and, as a result, I find the decision to award "0" units of assessment for experience is without regard to the evidence on the record.

                                               ORDER

[3]    Accordingly, I set the Visa Officer's decision aside and refer the matter for reconsideration by another Visa Officer on the direction that, on the redetermination, if the Applicant's employer submits evidence in support of the Applicant's application, the evidence be in the form of a statutory declaration.

(Sgd.) "Douglas Campbell"

      Judge

Vancouver, B.C.

December 20, 2000