Date: 19981028
Docket: IMM-633-98
BETWEEN:
ZHOU ZUOXIN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
RICHARD J.:
[1] This is an application under section 18.1 of the Federal Court Act dated February 16, 1998, seeking the following relief:
| a) An order for a writ of certiorari quashing the negative decision of the Immigration Counsellors at the Canadian Consulate General in Hong Kong, China, which was rendered on January 15, 1998, whereby the applicant's application for permanent residence made pursuant to the Independent-Skilled Worker category was refused. |
| b) An order for a writ of mandamus directing the respondent to process the applicant's application for permanent residence made pursuant to the Independent-Skilled Worker category in a favourable manner; or, in the alternative, referring the matter to a different visa officer for a redetermination of the application. |
| c) Such further and other relief as Counsel may advise and this Honourable Court deems just. |
[2] The applicant was assessed in his intended occupation of Cook, Foreign Foods.
[3] The visa officer concluded that he was not qualified and experienced in his stated occupation. In the absence of a demonstrated knowledge of cooking, the visa officer assigned little weight to the cooking certificates provided by the applicant and determined that they could not be recognized as a reliable indicator of the applicant's level of cooking skill.
[4] The visa officer also relied on the family composition information contained in the applicant's sister's application for permanent residence submitted earlier where his sister listed the applicant's occupation as "Farmer".
[5] The visa officer tested the applicant's cooking abilities and skills at the interview and stated the reasons for his refusal of the application:
| You have applied to immigrate to Canada as a Cook. Foreign Foods. You do not have experience as a cook in my opinion. I have asked you many question today about what you do on the job and general questions which a qualified Cook could answer about the preparation of Chinese food. I asked you how dried shark fin is prepared. This is a common ingredient in Chinese cuisine and it is reasonable to expert an experienced and qualified cook would have had no difficulty explaining how this is prepared. Your description for the preparation of this cooking ingredient is simply incorrect. Your lack of knowledge of cooking has failed to corroborate your claim of being a qualified and experienced cook. This finding is consistent with the information which is available to me from the file of you sister. Zhou Mei Yao (ref B030467264). Her application was completed in 1995 and you sister signed a solemn declaration respecting the information she provided in the application in March 1996. Your sister refers to you in the family composition information and lists your occupation as "farmer". Your sister's application predates your application to immigrate to Canada and there is no reason for your sister to state you are a farmer unless you are. You claim your sister simply made an error. People do make mistakes filling out forms from time to time and if this were the only inconsistency in your application, I may be more willing to accept that human error were responsible. However, such is not the case. The fact remains that your knowledge about cooking has failed to corroborate your claims of being a qualified and experienced cook. Consequently I prefer the information taken from your sister's file as reliable over your denials of its accuracy. Accordingly I have given little weight to the cooks certificates you have submitted in support of this application and I have determined they cannot be recognized as a reliable indicator of your level of cooking skill. Your lack of experience as a cook is an automatic bar to approving your application. Your application is therefore refused. However, even if I were to have found you did have the experience of a qualified Cook, you would score insufficient points for your application to succeed. |
[6] The applicant challenged the points awarded by the visa officer for experience, education and suitability.
[7] The applicant has not succeeded in establishing that the officer made a clear error with respect to the assessment of the education and suitability factors. Even if it were accepted that the applicant had 12 years of schooling, he did not establish that he was entitled to more than 5 units under the factor of education which is what the officer allowed. With respect to suitability, the officer awarded 4 units. There are no grounds to disturb this award.
[8] The tribunal record includes the officer's interview record. The applicant did not file an affidavit challenging the officer's recital of the interview. The applicant relied on the affidavit of his agent who filed his application for permanent residence in Canada but who did not claim to be present at the interview.
[9] The officer made an assessment on the basis of all the available information. Based on the record before me, it was open to the officer to conclude that the applicant was not qualified for his intended occupation. In any event, as noted by the officer, even if the officer had found that he did have the experience as a qualified cook, the applicant would score insufficient points for his application to succeed.
[10] Accordingly, the application for judicial review is dismissed.
"John D. Richard"
Associate Chief Justice
Toronto, Ontario
October 28, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-633-98
| STYLE OF CAUSE: ZHOU ZUOXIN |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: TUESDAY, OCTOBER 13, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: THE ASSOCIATE CHIEF JUSTICE
DATED: WEDNESDAY, OCTOBER 28, 1998
APPEARANCES:
Mr. Fernando Pietramala
For the Applicant
Ms. Neeta Logsetty
For the Respondent
SOLICITORS OF RECORD:
| Fernando Pietramala |
| Barrister & Solicitor |
310-5109 Steeles Avenue West
| North York, Ontario |
| M9L 2Y8 |
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19981028
Docket: IMM-633-98
Between:
| ZHOU ZUOXIN |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER