Date: 19981009
Docket: IMM-5100-97
BETWEEN:
SAJJAD SYED GHULAM
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
LUTFY J.:
[1] The applicant challenges the visa officer"s refusal of his application for permanent residence as a welding equipment repairer on the ground that he should have been awarded thirteen units instead of ten under the education factor. For the applicant to succeed on this issue, he must first establish that he has "a diploma or apprenticeship certificate that requires at least one year of full-time classroom study [that] has been completed at a college, trade school or other post-secondary institution".1
[2] The applicant"s formal education extended through high school. He followed this with a one-year training course in a mechanical workshop. Six years later, he received a welder"s procedure and performance certificate from a shipyard and engineering work plant. Neither facility which provided those training programs appears to be a college, trade school or other post secondary institution. I do not accept that a work place which offers on-the-job training is necessarily a trade school. In any event, there is no evidence that the applicant attended full-time classroom study for one year to obtain the certificates upon which he relies. Accordingly, the applicant has not shown any reviewable error in the visa officer"s assessment of ten units for education.
[3] Similarly, it was open to the visa officer to award six units for personal suitability. The factors considered by the visa officer, as set out in her affidavit, were appropriate.
[4] This application for judicial review must fail. There will be no order as to costs. Neither party has suggested the certification of a serious question.
"Allan Lutfy"
| Judge |
Toronto, Ontario
October 9, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-5100-97
| STYLE OF CAUSE: SAJJAD SYED GHULAM |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: THURSDAY, OCTOBER 8, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: LUTFY, J.
DATED: FRIDAY, OCTOBER 9, 1998
APPEARANCES: Mr. Laron Hopkins
For the Applicant
Ms. Sudabeth Mashkuri
For the Respondent
SOLICITORS OF RECORD:
Codina & Pukitis
Barristers & Solicitors
1708-390 Bay Street
Toronto, Ontario
M5H 2Y2
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19981009
Docket: IMM-5100-97
Between:
| SAJJAD SYED GHULAM |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER
__________________
1 Immigration Regulations, 1978, SOR/78-172. See Schedule 1, subsection 1(c) under Education.