Date: 19980403
Docket: IMM-2671-97
BETWEEN:
DALIP SINGH
Applicant
- and -
THE MINISTER OF CITIZENSHIP & IMMIGRATION
Respondent
REASONS FOR ORDER
LUTFY J.:
[1] The visa officer concluded that the applicant did not have more than two years training as a Cook, Foreign Foods (C.C.D.O. 6121-126), a position which required the ability to prepare foreign foods and the performance of duties similar to the broader functions of a Chef-Cook, General (C.C.D.O. 6121-111). The visa officer's decision stated:
| ... you have had no formal training as a Cook. As such, you do not possess the necessary Specific Vocational Preparation required for the occupation of a Cook. Pursuant to the Canadian Classification and Dictionary of Occupations, more than two years and up to and including four years of training is required in order to qualify in this occupation in Canada. You then admitted you had no formal training as a Cook. I then advised you that you had not disabused me of my concern that you do not qualify for section as a Cook. |
[2] In her notes, the visa officer characterized the applicant's letters of reference as general in nature with no clear outline of his duties. She further noted that the applicant's own description of his duties during the interview were not commensurate with the functions required in the Canadian Classification and Dictionary of Occupations.
[3] The assessment of Specific Vocational Preparation for the occupation in issue requires the visa officer to measure "... the amount of formal professional, vocational, apprenticeship, in-plant or on-the-job training specified in the Canadian Classification and Dictionary of Occupations" (Immigration Regulations, 1978, SOR/78-172, Schedule I Item 2). The applicant had no training for his intended occupation from a vocational or other school. His training was based on his work experience.
[4] The applicant set out his ability to prepare certain Indian foods: "curry dishes", "naan which is an Indian bread" and "chicken tandoori" are his specialities. He deposed that he was originally a "cook-helper", then a "cook" and that he worked with others. Other information in the tribunal record is consistent with his working under the supervision of the owners of two Indian restaurants over the past six years. Neither their letters of reference nor the applicant's own representations disclose that he had any supervisory or other overall kitchen responsibilities. The applicant's intended occupation, however, requires more than the capacity to cook foreign foods. He also needed to show an ability to perform duties similar to those of a Chef-Cook, General and to supervise the activities of kitchen workers.
[5] On the basis of the visa officer's notes, her affidavit and her letter of decision, it was open to her to conclude that the applicant was not qualified for his intended occupation as Cook, Foreign Foods. In my view, her assessment of the applicant in the less onerous functions of Cook, Second (C.C.D.O. 6121-131), an occupation which requires experience under the supervision of a First Cook, is more consistent with the applicant's current profile.
[6] Similarly, there is no reviewable error in the visa officer's assessment of the applicant's personal suitability. She awarded six units under this heading, only one less than that suggested by the applicant's representative.
[7] For these reasons, this application for judicial review is dismissed. Neither party suggested the certification of a serious question.
"Allan Lutfy"
Judge
Toronto, Ontario
April 3, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2671-97
| STYLE OF CAUSE: DALIP SINGH |
- and -
| THE MINISTER OF CITIZENSHIP & IMMIGRATION |
DATE OF HEARING: APRIL 2, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: LUTFY, J.
DATED: APRIL 3, 1998
APPEARANCES:
Mr. Max Chaudhary
For the Applicant
Ms. Neeta Logsetty
For the Respondent
SOLICITORS OF RECORD:
Chaudhary Law Office
812 - 255 Duncan Mill Road
North York, Ontario
M3B 3H9
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the respondent
FEDERAL COURT OF CANADA
Date: 19980403
Docket: T-2671-97
Between:
| DALIP SINGH |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP & IMMIGRATION |
Respondent
REASONS FOR ORDER