IMM-998-96
BETWEEN:
ALMAS MUMTAZALI KHOJA
Applicant
- AND -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered orally from the Bench
on January 3, 1997, as edited)
McKEOWN J.
The applicant, a resident of the United States, seeks judicial review of a decision of a visa officer, dated February 15, 1996, wherein the applicant's application for permanent residence in Canada was refused. The issue is whether the visa officer committed a reviewable error by breaching the duty of fairness in failing to assess the applicant in the alternative occupation of ultrasound technician.
The applicant submitted her application without any professional help. She asked to be assessed as a radiologist, and she was so assessed. She had worked only six months as an ultrasound technician according to her application form.
In Gaffney v. Canada (Minister of Employment & Immigration) (1991), 12 Imm. L.R. (2d) 185, the Federal Court of Appeal stated:
| ... a visa officer has the duty to assess an application with reference to the occupation represented by the applicant ... as the one for which he or she is qualified and prepared to pursue in Canada ... |
Other cases, such as Hajariwala v. Canada (Minister of Employment and Immigration), [1989] 2 F.C. 79 (T.D.) and Li v. Canada (Minister of Employment & Immigration) (1990), 9 Imm. L.R. (2d) 263 (F.C.T.D.) also require the visa officer to assess alternative occupations where the applicant seeks such an assessment by designating it in her application. The applicant did not give notice to the visa officer or in the application to assess her as an ultrasound technician in the case before me. Therefore, the visa officer had no duty to assess her as an ultrasound technician.
Furthermore, the applicant only had six months' experience as an ultrasound technician and in order to obtain points in that category, she would have required at least one year's experience; therefore, the error is also inconsequential.
The application for judicial review is dismissed.
_______________________________
Judge
OTTAWA (ONTARIO)
January 20, 1997
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-998-96
STYLE OF CAUSE: ALMAS MUMTAZALI KHOJA v. MCI
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: January 3, 1997
REASONS FOR ORDER OF the honourable Mr. Jsutice McKeown delivered orally from the Bench
DATED: Januaru 20, 1997
APPEARANCES:
Mr. Joseph S. Farkas FOR THE APPLICANT
Mr. Jeremiah Eastman FOR THE RESPONDENT
SOLICITORS ON THE RECORD:
Mr. Joseph S. Farkas FOR THE APPLICANT Toronto, On tario
MR. GEORGE THOMSON FOR THE RESPONDENT DEPUTY ATTORNEY GENERAL OF CANADA