Date: 19990430
Docket: IMM-2093-98
Ottawa, Ontario, this 30th day of April, 1999
Present : The Honourable Mr. Justice Pinard
Between :
YU Jie, project manager, domiciled and residing
at Haima Building #3, App. 501, Haibin Dong Road #23,
Shenzhen City, Guangdong Province, People's Republic of China;
Applicant
- and -
The Minister of Citizenship and Immigration,
c/o Department of Justice, Guy-Favreau Complex,
200 René-Lévesque West, East Tower,
5th Floor, Montreal, Quebec, H2Z 1X4;
Respondent
ORDER
The application for judicial review of the decision of Daniel A. Vaughan, Vice-Consul, Canadian Consulate General in Hong Kong, dated December 18, 1997, in which he determined that the applicant did not meet the requirements for immigration to Canada in the Independant category, is dismissed.
JUDGE
Date: 19990430
Docket: IMM-2093-98
Between :
YU Jie, project manager, domiciled and residing
at Haima Building #3, App. 501, Haibin Dong Road #23,
Shenzhen City, Guangdong Province, People's Republic of China;
Applicant
- and -
The Minister of Citizenship and Immigration,
c/o Department of Justice, Guy-Favreau Complex,
200 René-Lévesque West, East Tower,
5th Floor, Montreal, Quebec, H2Z 1X4;
Respondent
REASONS FOR ORDER
PINARD, J. :
[1] The applicant seeks judicial review of the decision of Daniel A. Vaughan, Vice-Consul, Canadian Consulate General in Hong Kong, dated December 18, 1997, in which he determined that the applicant did not meet the requirements for immigration to Canada in the Independent category.
[2] At the hearing before me, counsel for the applicant essentially argued that the visa officer was wrong in deciding as follows:
| I have also considered your application in the occupations of Interpreter CCDO 3355110, Translator, Scientific Documents CCDO 3355114, Translator CCDO 3355122. According to the Canadian Classification and Dictionary of Occupations (CCDO), persons wishing to pursue these occupations in Canada normally require a bachelor's degree in translation, or at least three to four years part-time study in this area with two to three years of on-the-job training. You do not hold a degree in translation, nor have you received training in interpretation or translation as required by the CCDO. |
[3] The Canadian Classification and Dictionary of Occupations (CCDO) is the informational guide used by immigration officers in assessing applicants for landing under section 8 of the Immigration Regulations, 1978, SOR/78-172. The CCDO job description of translators and interpreters reads, in part, as follows:
| WORK PERFORMED |
| This chapter includes occupations concerned with translating and interpreting oral or written statements from one language to another. Worker functions include: analyzing the meaning, theme and style of written and spoken language; and delivering interpreted statements. Work activities include: reading and studying texts; consulting dictionaries and other reference sources; writing translations; and listening to delivery of one language and providing simultaneous or consecutive interpretation in another. |
| [. . .] |
| APTITUDES AND CAPACITIES |
| Translators and Interpreters require: |
| - learning ability to understand and use a wide range of complex or abstract cultural, political, commercial, technical or scientific concepts or terms expressed in two or more languages, and to research and keep up to date on vocabulary usage and new terminology; |
| - verbal ability to understand meanings of words and ideas associated with them and to use them effectively, in two or more languages; |
| - clerical perception to discern pertinent detail in text. |
| TRAINING AND ENTRY REQUIREMENTS |
| Translators and Interpreters normally require: |
| - secondary school graduation preferably at the university entrance level; |
| - a three-year university program leading to a bachelor's degree in translation, with additional years of study for specialization; or |
| - a three to four-year program of part time or evening study at a university, plus two to three years of on-the-job training. |
| For translators of scientific or technical material, additional studies are required in the field of specialization such as law, engineering or sciences. |
[4] Whether the applicant really was qualified to be a translator and interpreter in Canada was a pure question of fact entirely within the mandate of a visa officer to resolve (see Lim v. M.E.I. (1991), 12 Imm.L.R. (2d) 161 at 163).
[5] Upon hearing counsel for the parties and reviewing the evidence, the applicant has failed to convince me that the visa officer based his decision on an erroneous finding of fact that he made in a perverse or capricious manner or without regard for the material before him.
[6] As it is clear from the refusal letter that the visa officer directed his mind to the proper question and that his conclusion was supported by the evidence, including the applicant's representations and the CCDO requirements, I do not feel justified, under the circumstances, to intervene.
[7] Consequently, the application is dismissed.
JUDGE
OTTAWA, ONTARIO
April 30, 1999