Date: 19990818
Docket: IMM-3863-98
BETWEEN:
BEHZAD RAZAVI,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Respondent.
REASONS FOR ORDER
REED J.
[1] The applicant seeks an order to set aside a decision of a visa officer that refused his application to become a permanent resident of Canada.
[2] The only reason given for refusing the application was that the applicant did not have a B.A. or college degree and that these educational requirements were necessary for the applicant"s intended occupation.
[3] The applicant"s application to be accepted as a permanent resident was in the assisted relative category. His three brothers, two sisters and his mother all live in Vancouver. His father remains in Iran. His three brothers and a brother-in-law are the owners of a family business in Vancouver - the selling of oriental and Persian carpets.
[4] The applicant"s application in support of his request to be accepted as a permanent resident in Canada asserts that he has been operating a business of his own in Iran, of a similar nature to the family business in Canada, for many years. Also, he has been acting as a purchasing agent for the Vancouver family business for many years. He has contributed about $180,000 to that business. The application also asserts that he has expertise in the identification and repair of antique oriental and Persian carpets and that his brothers would like to expand into this area, as well as open a new branch of their Canadian business. He would be employed in those capacities as well as continuing the role he presently plays of purchasing carpets from his various contacts.
[5] I am persuaded that the decision under review was based on an erroneous finding of fact made "without regard for the material before" the visa officer. I am also persuaded that the applicable legal standard, insofar as it is set out in the descriptions in the National Occupational Classification was misinterpreted. The visa officer is required to use the National Occupational Classification when assessing applications for permanent resident status. The relevant description states that in the case of purchasing agents "a bachelor"s degree or college diploma in business administration, commerce or economics is usually required" (emphasis added). The visa officer treated that educational requirement as an absolute requirement.
[6] In addition, I conclude from the material on the record (particularly its paucity) that no assessment was made by the visa officer as to whether this applicant"s case called for an assessment under section 11.(3) of the Immigration Regulations , and whether such assessment might lead to a conclusion that, in the circumstances of this application, there were "good reasons why the number of units of assessment awarded did not reflect the chances of the particular immigrant and his dependents [ ] becoming successfully established in Canada". In the circumstances of this case there was an obligation to address that issue.
[7] As a result of the conclusions above, I do not find it necessary to address the argument that the applicant was to be employed as more than a purchasing agent, and that the visa officer erred in not considering alternative occupations to that of purchasing agent.
[8] For the reasons given, the decision of the visa officer is set aside and the applicant"s application referred back to a different visa officer for reconsideration.
(Sgd.) "B. Reed"
Judge
August 18, 1999
Vancouver, British Columbia
[9]
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-3863-98
STYLE OF CAUSE: BEHZAD RAZAVI
v.
MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: VANCOUVER, BC
DATE OF HEARING: August 17th, 1999
REASONS FOR ORDER OF REED J.
DATED: August 18th, 1999
APPEARANCES:
| Mr. Anthony Norfolk for Applicant |
| Ms. Emilia Pech for Respondent |
SOLICITORS OF RECORD:
Anthony Norfolk
Barrister & Solicitor
| Vancouver, BC for Applicant |
Morris Rosenberg
Deputy Attorney General
| of Canada for Respondent |