Federal Court Decisions

Decision Information

Badr v. Canada (Minister of Citizenship and Immigration)

Court (s) Database Federal Court Decisions
Date 2002-09-26
Neutral citation 2002 FCT 1008
File numbers IMM-6252-00

Decision Content

Date: 20020926

Docket: IMM-6252-00

Neutral citation: 2002 FCT 1008

Toronto, Ontario, Thursday, the 26th day of September, 2002

PRESENT:      The Honourable Madam Justice Layden-Stevenson

BETWEEN:

H. BADR

Applicant

- and -

THE MINISTER

OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR ORDER AND ORDER

[1]                 The applicant seeks judicial review of a visa officer's decision dated November 2, 2000

denying his application for permanent residence as an independent applicant in the occupation "internal auditor/accountant" (NOC 1111).


[2]                 Having carefully considered all of the documentation in the record, as well as the

submissions made at the hearing, I cannot find that the visa officer erred in finding that the applicant did not meet the qualifications for immigration to Canada.

[3]                 The applicant was awarded zero units of assessment in the experience and occupation factors.

The visa officer determined that the applicant had not performed some of the main duties of the intended occupation, as set out in the NOC, under the experience factor and had not performed a substantial number of the duties of the intended occupation, as set out in the NOC, under the occupation factor.

[4]                 The visa officer's decision was based on the applicant's description of his employment

duties. When the visa officer expressed concern to the applicant that his duties did not correspond to those found in the NOC, the applicant agreed that his duties did not conform to the NOC.

The CAIPS notes in this respect state as follows:

PI CONFIRMED HIS DUTIES ARE NOT THOSE OF AN AUDITOR AS OUTLINED IN NOC OR THAT HIS PREV ACCOUNTING DUTIES ARE THOSE OF AN ACCOUNTANT

[5]                 The visa officer deposed in her affidavit that even if a generous reading were adopted, the

applicant's experience would not qualify him for admission. The applicant was provided two opportunities to provide further information and did not.    Having determined that the applicant did not qualify for admission as an "internal auditor/accountant", and in spite of the fact that the applicant did not specifically request to be assessed in any alternative occupations, the officer assessed him in the occupation of "audit clerk" (NOC 1431) and "supervisor, finance clerk" (NOC 1212). The applicant did not qualify for immigration to Canada in either one of these occupations.

[6]                 The decision made by the visa officer was reasonably open to her and my intervention is not

warranted. The application for judicial review is dismissed. Counsel suggested no question for certification. No question is certified.

ORDER

7.                    The application for judicial review is dismissed.             

8.                    No question is certified.

"Carolyn Layden-Stevenson"      

line

                                                                                                       J.F.C.C                      


FEDERAL COURT OF CANADA

    Names of Counsel and Solicitors of Record

DOCKET:                                              IMM-6252-00

STYLE OF CAUSE:              H. BADR

                                                                                                                   

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND

IMMIGRATION

                                                                                                 Respondent

PLACE OF HEARING:                      TORONTO, ONTARIO

DATE OF HEARING:                        THURSDAY, SEPTEMBER 26, 2002

REASONS FOR ORDER                  

AND ORDER BY:                               LAYDEN-STEVENSON J.

DATED:                                                 THURSDAY, SEPTEMBER 26, 2002

APPEARANCES BY:                          Mr. Howard P. Eisenberg

For the Applicant

Mr. Stephen Jarvis

For the Respondent

SOLICITORS OF RECORD:           Howard P. Eisenberg

                                                                1010-105 Main St. E.

Hamilton, Ontario

L8N 1G6

For the Applicant

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent


FEDERAL COURT OF CANADA

Date: 20020926

                     

Docket: IMM-6252-00

BETWEEN:

H. BADR

                     Applicant

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                    Respondent

                                                   

REASONS FOR ORDER

AND ORDER

                                                   

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