CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Naumenko v. Canada (Minister of Citizenship and Immigration)
IMM-5726-99
2001 FCT 189, McKeown J.
14/3/01
4 pp.
Application for judicial review of visa officer's decision applicant did not have necessary qualifications or experience to meet requirements for immigration to Canada--Issues whether visa officer erred in law by not considering applicant under NOC category of financial manager and whether visa officer violated principles of fairness by continuing to interview applicant after became clear applicant unable to properly respond due to lack of interpreter--Application allowed--Visa officer erred in law by failing to consider applicant for occupation of financial manager as requested by applicant--Matter would not have been returned for reconsideration based on lack of interpreter as visa officer offered to adjourn hearing for one day to allow applicant to find one, even providing applicant with list of interpreters--Proposed interpreter brought by applicant to initial interview clearly in conflict of interest: consultant assisting on preparing applicant's immigration form not entitled to act as interpreter for applicant.