Date: 20031126
Citation: 2003 FC 1391
Toronto, Ontario, November 26th, 2003
Present: The Honourable Madam Justice Heneghan
BETWEEN:
SANJAY DINESHCHANDRA SHAH
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] Mr. Sanjay Dineshchandra Shah (the "Applicant") seeks judicial review of the decision of Visa Officer Dennis Cole (the "Visa Officer"), dated May 8, 2002. In his decision, the Visa Officer refused the Applicant's application for permanent residence in Canada.
[2] The Applicant, a citizen of India, applied for permanent residence in Canada as a member of the Independent Applicant category. He identified his intended occupation in Canada as a computer programmer, National Occupational Classification ("NOC") code 2163. He attended an interview on May 6, 2002. His application was rejected in a letter dated May 8, 2000. The rejection letter shows that he was awarded 60 units of assessment and zero units for experience. The Visa Officer stated the reasons for this assessment, in part, as follows:
You received no points for either factor because you do not meet the employment requirements usually required for the occupation of Computer Programmer according to the National Occupational Classification, i.e. a bachelor's degree in computer science or in another discipline with a significant programming component, such as mathematics, commerce or business administration or completion of a college program in computer science. At interview I reviewed your educational background and noted that you have a degree in chemistry that does not contain a significant programming component. You have completed some in-house computer training courses in 1991 and took a short-term course in two computer languages from a private institution in 1998. This does not equal a college program in computer science. You are not qualified to practice the occupation of Computer Programmer in Canada.
[3] The sole issue arising in this application for judicial review is whether the Visa Officer committed a reviewable error in his assessment of the Applicant's experience as a computer programmer.
[4] The Applicant argues that the Visa Officer committed such an error by failing to consider the cumulative effect of his work experience, additional training in computer programming, and letters of reference in assessing whether he met the employment requirements of the NOC description of computer programmer. He says that this refusal letter focuses mainly on his educational achievements and the Computer Assisted Immigration Processing System ("CAIPS") notes show that the Visa Officer had prematurely decided to reject the Applicant's application on the basis of his education, without considering his experience. The Applicant argues that this manner of proceeding is a reviewable error.
[5] The Respondent argues that the Visa Officer did not commit a reviewable error, that he properly assessed the Applicant's qualifications, including both education and experience, and reached a decision that is not patently unreasonable.
[6] In my opinion, the dispositive issue in this case is the procedure followed by the Visa Officer. The record does not clearly show that he considered the work experience of the Applicant, together with his educational background, in concluding that the Applicant was unqualified to follow his intended occupation as a computer programmer in Canada. For that reason, this application for judicial review is allowed and the matter is remitted to a different visa officer for redetermination. There is no question for certification arising.
ORDER
THIS COURT ORDERS that the application for judicial review is allowed and the matter is remitted to a different visa officer for redetermination. There is no question for certification arising.
"E. Heneghan"
J.F.C.
FEDERAL COURT
Names of Counsel and Solicitors of Record
DOCKET: IMM-2857-02
STYLE OF CAUSE: SANJAY DINESHCHANDRA SHAH
Applicant
and
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: NOVEMBER 25, 2003
REASONS FOR ORDER
AND ORDER BY: HENEGHAN, J.
APPEARANCES BY:
Mr. Ralph Dzegniuk For the Applicant
Ms. Angela Marinos For the Respondent
SOLICITORS OF RECORD:
Green & Speigel
Toronto, Ontario For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
Toronto, Ontario For the Respondent
FEDERAL COURT
TRIAL DIVISION
Date: 20031126
Docket: IMM-2857-02
BETWEEN:
SANJAY DINESHCHANDRA SHAH
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER