Federal Court Decisions

Decision Information

Arora v. Canada (Citizenship and Immigration)

Court (s) Database Federal Court Decisions
Date 2009-01-30
Neutral citation 2009 FC 107
File numbers IMM-550-08

Decision Content

 

Date: 20090130

Docket: IMM-550-08

Citation: 2009 FC 107

Vancouver, British Columbia, January 30, 2009

PRESENT:     The Honourable Mr. Justice Campbell

 

BETWEEN:

 

AMANPREET SINGH ARORA

Applicant

 

 

 

and

 

 

 

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

 

Respondent

 

 

REASONS FOR ORDER AND ORDER

 

[1]               In the present case, the Applicant applied for landing in the skilled worker class. In rejecting the Applicant’s application, the Visa Officer determined that the Applicant had not “performed a substantial number of the main duties” in the job classifications for which he applied (CAIPS Notes, Applicant’s Application Record, p. 14).

 

[2]               Counsel for the Applicant relies on Justice Noël’s decision in Noman v. Canada (Minister of Citizenship and Immigration), [2002] F.C.J. No. 1568 at paragraph 29 to argue that the Visa Officer erred in law because all that is required of the Applicant is that he establish that he has performed “some” of the duties in three of the four job categories in which he applied. I agree with Counsel for the Applicant’s argument that Justice Noël’s finding is correct. As a result, I find the Visa Officer’s decision is rendered in reviewable error.

ORDER

 

            Accordingly, I set aside the Visa Officer’s decision and refer the matter back to a different visa officer for re-determination.

“Douglas R. Campbell”

Judge

FEDERAL COURT

 

SOLICITORS OF RECORD

 

 

DOCKET:                                          IMM-550-08

 

STYLE OF CAUSE:                          AMANPREET SINGH ARORA v. THE MINISTER OF

CITIZENSHIP

 

 

PLACE OF HEARING:                    TORONTO, ONTARIO

 

DATE OF HEARING:                      JANUARY 20, 2009

 

REASONS FOR ORDER

AND ORDER:                                   CAMPBELL J.

 

DATED:                                             JANUARY 30, 2009

 

 

APPEARANCES:

 

Rocco Galati

 

FOR THE APPLICANT

Judy Michaely

 

FOR THE RESPONDENT

 

 

SOLICITORS OF RECORD:

 

Rocco Galati Law Firm

Professional Corporation

Toronto, Ontario

 

 

 

FOR THE APPLICANT

John H. Sims, Q.C.

Deputy Attorney General of Canada

 

 

FOR THE RESPONDENT

 

 

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